Please read this agreement setting forth terms and conditions of use of the website carefully. In order to signify your acceptance of and agreement with these terms and conditions, please click the button at the end of this agreement.

Terms & Conditions of Use

This website is owned and operated by Kemark Financial Services, Inc. (“KFS”).

These terms and conditions govern your access to and use of this website as well as all transactions conducted on or through this site. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions should be read in conjunction with our Privacy Policy, which is hereby incorporated herein by reference. We encourage you to review the Privacy Policy carefully for important disclosures about the information we may collect, use and share about you and your choices relating thereto. To access the Privacy Policy, click on this link:

1. Terms of Use. By accessing and using this website and any pages hereof, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you acknowledge and assent to be bound by these Terms and Conditions, including, without limitations, the Warranty and Disclaimer of Warranty and the Limitation of Liability sections set forth below, each and every time User (all such terms as defined below) accesses this website. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms and Conditions, do not use this website.

KFS reserves the right to change these Terms and Conditions and you are responsible for regularly reviewing these Terms and Conditions.

These Terms and Conditions are applicable to User’s use of and electronic access to this website via the World Wide Web, and all content, software and/or materials contained within such website ("Product").

2. User. The term "User" shall include all individual end users of this website and/or the Product, and entities for which there are multiple end users authorized by you in accordance herewith to Use the Product. These Terms and Conditions shall apply to each such end user. User agrees to maintain the security of any account it opens, including the confidentiality of its password(s) and other account information, and will be fully responsible for all activities that occur under its account or password. You agree immediately to notify KFS of any unauthorized use of User’s password or account or other breach of security. KFS reserves the right to request that the User identify to KFS, in writing, the names and addresses of each such end user.
          a. No concurrent sessions under the same user ID are permitted unless authorized by KFS.
            b. End users must be employees of the User. Use by consultants, contractors, subcontractors, or other third parties is not permitted unless authorized, in writing, by KFS.

    3. Grant. KFS grants to User a non-exclusive, non-transferable, limited right to Use this website and the Product, during the period of the subscription term to the Product, according to these Terms and Conditions. If KFS has reasonable grounds to believe User has violated any of these Terms and Conditions. KFS may suspend or terminate any account User has created and refuse all current and future use of this website and the Product by User. User is solely responsible for installing and maintaining any and all equipment and any other software or programming necessary for Use.


    4. Payment. User will be billed at the beginning of the subscription term as per the terms of the Registration page of the website. Approximately 90 days before the end of each annual term, KFS will notify User of the fees to be in effect for the Product for the next annual period. Within such 90-day period, User must either renew for an additional one-year term by remitting the fees for the next annual period or request termination of User’s Use of the Product by writing "please cancel" on the renewal notice; failure to receive such writing constitutes automatic renewal for which fees will be due. KFS may terminate User’s Use of the Product immediately upon notice at any time if User is in breach of any of the terms and conditions contained herein or any successor terms and conditions hereto.

    5. Copyright/Proprietary Rights. All right, title and interest in the Product and this website (which comprises various websites and pages operated by KFS), and any content and software contained therein, are exclusively the property of KFS, except as otherwise stated herein. The Product, this website and its content and software contain proprietary material of KFS (or material that suppliers have licensed to KFS for use in the Product and the website) which is protected by copyright and other laws respecting proprietary rights. KFS retains all rights in the Product and the website, including (without limitation) all copyright and other proprietary rights worldwide in all media whether now existing or created in the future. User may not Use the Product or the website except as expressly permitted under these Terms and Conditions. Any redistribution of any portion of the Product or the website is expressly prohibited, any downloading or duplicating of any portion of the Product or the website, except as specifically contemplated by their respective features, is expressly prohibited, subject to the following:
            a. Users may access the Product, i.e., may view the Product on screen; may download a single copy of portions of the Product to a computer disk for personal convenience and later reference for personal use only; and may print a single paper copy of portions for personal use only. Users may access and use this website and the Product only for purposes expressly permitted by KFS. Users may not use them for any other purposes, including commercial purposes such as co-branding, framing, or hyper-links, without the express prior written permission of KFS. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site. Commercial use of the Product, other than in connection with KFS sponsored or associated programs, is strictly prohibited.
              b. The rights granted herein do not include any rights to reproduce in its entirety any portion of the Product or materials contained therein. No part of the Product may be duplicated in any medium or format except as expressly permitted by these Terms and Conditions without prior written authorization from KFS. Any use not authorized by these Terms and Conditions is prohibited and is not a fair use under U.S. or other applicable copyright law. User may not modify, copy, distribute, transmit, transfer, display, perform, reproduce, publish, license, frame, create derivative works from, or otherwise use in whole or in part any information, software, products or services obtained from the Product or the website, except for the purpose expressly provided herein, without KFS’s prior written approval. If User downloads any materials from the website, User shall not remove or obscure any copyright or other notices or legends contained in any such information. KFS’s trademarks are the sole property of KFS and may not be used by User for any purpose, including to use as metatags or links on other pages or sites in the World Wide Web, without the express written permission of KFS.
                c. User acknowledges that the Product (including any licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause KFS and/or KFS suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. User agrees that any breach of these Terms and Conditions by User, or any subscriber or end-user, may be enforced by KFS and/or any of KFS’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief, without the posting of any bond or similar security) in addition to any other available rights and remedies.
                d. User agrees that KFS authorizes any licensor of any portion of the Product (including the licensed materials contained therein) to enforce its rights directly against User, or KFS may enforce those rights on behalf of any such licensor.

        6. KFS Modifications to Product and Website. KFS reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions in the Product and this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and KFS does not undertake any obligation or responsibility to update or amend any such information. KFS may discontinue or change any product or service described in or offered on this website at any time.

        7. Unauthorized Use and Restrictions.
                a. Unauthorized use of KFS’s Product and this website, including, but not limited to, unauthorized entry into KFS’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. Additionally, User may not attempt to gain unauthorized access to any KFS site or service, computer systems or networks connected to any KFS site or service, through hacking, password mining or any other means. User may not (and may not permit any third party to): reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in the Product in any manner whatsoever that may infringe any copyright or proprietary interest of KFS; distribute the information contained in the Product to others not duly authorized to access the Product; distribute, rent, sublicense, lease, transfer or assign the Product or Agreement; decompile, disassemble, or otherwise reverse-engineer the Product or any software contained therein; or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. User may not use the Product or this website in any manner that could damage, disable, overburden, or impair any KFS site or service or interfere with any other party’s use and enjoyment of any KFS site or service. User agrees that User will not engage in any activities related to the Product or this website that are contrary to applicable laws or regulations.
                  b. User is expressly prohibited from placing or installing any portion of the Product or this website, except as specifically contemplated by their respective features, on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by KFS.
                  c. If User breaches any provision of these Terms and Conditions, KFS may immediately terminate User’s right to access and use this website and the Product without prior notice, in addition to any other available rights and remedies.
          8. Warranty. KFS warrants that the Product will conform in material respects to the published specifications and to accompanying documentation (as may be modified from time to time), provided the Product is used on the computer hardware and with the operating system for which it was designed. KFS will use its commercially reasonable efforts to replace defective media or correct significant software error at no cost to User, provided User notifies KFS in writing of such problems within 30 days of discovering such defect. The foregoing is User’s sole remedy for breach of warranty.

          9. Disclaimer of Warranty and Limitation of Liability.
                a. While KFS attempts to include accurate and detailed information in the Product and on this website, occasional errors or omissions in content may occur, including but not limited to typographical errors and other inaccuracies. KFS will make commercially reasonable efforts to avoid and/or correct any errors or omissions, but can make no representation regarding the accuracy of information provided. Although the information provided to User in the Product and on this website is obtained or compiled from sources KFS believes to be reliable, KFS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to User for any particular purpose. Neither KFS nor any of its affiliates, agents, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that User incurs in the event of any failure or interruption of the Product or this website, or resulting from the act or omission of any other party involved in creating or hosting this website, the data contained herein or the products or services offered on this website available to User, or from any other cause relating to your access to, inability to access, or use of the Product, this website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of KFS or any vendor providing software or services.
                  b. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE PRODUCT, INFORMATION, SERVICES AND ALL MATERIALS, ON OR OBTAINED OFF THE WEBSITE, ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AND WHEN AVAILABLE" BASIS. KFS, AND ITS PARTNERS, SUPPLIERS AND AGENTS DO NOT WARRANT THE PRODUCT, INFORMATION OR SERVICES PROVIDED HEREIN OR USER’S USE OF THE WEBSITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND MAKE NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. KFS DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE IN CONTENT. KFS DOES NOT WARRANT THAT (a) THE PRODUCT OR WEBSITE WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE, (b) SUBJECT TO PARAGRAPH 7, DEFECTS IN THE PRODUCT OR WEBSITE CAN OR WILL BE CORRECTED, (c) COMMUNICATING DATA TO THE WEBSITE IS SECURE OR CONFIDENTIAL, (d) THE WEBSITE WILL REMAIN FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (e) THE FILE UPDATES AND DOWNLOADS AND/OR SEARCH AND OTHER PERFORMANCE RESULTS WILL BE ACCURATE, OPTIMAL OR TO THE SATISFACTION OF USER IN ANY RESPECT. THE DECISION TO USE THE PRODUCT OR WEBSITE IS AT ALL TIMES BASED ON USER’S JUDGMENT AND IS NOT BASED ON ANY REPRESENTATION OR WARRANTY OF KFS OR ANY OF ITS AGENTS. KFS SHALL NOT BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY USER'S USE OF THE PRODUCT, USER'S RELIANCE ON THE INFORMATION CONTAINED IN THE PRODUCT OR KFS’S SUPPORT SERVICES, OR FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SIMILAR DAMAGES, EVEN IF KFS OR ANOTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING LIMITATION AND EXCLUSION OF IMPLIED WARRANTIES AND LIABILITY FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES SHALL NOT APPLY WHERE PROHIBITED BY LAW.
                    c. This limitation on liability includes liability for any viruses or other harmful components which may infect User’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your Internet service provider), unauthorized access, theft, operators errors, strikes or other labor problems or any force majeure. KFS cannot and does not guarantee continuous, uninterrupted or secure access to the website. KFS will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to User via the website.

                    d. IN NO EVENT MAY USER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST KFS, ITS SUPPLIERS OR ITS DISTRIBUTORS, MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

                    e. IF THE FOREGOING LIMITATIONS ARE HELD TO BE UNENFORCEABLE, KFS’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO USER OR ANY OTHER PERSON OR ENTITY SHALL IN ANY EVENT NOT EXCEED THE AMOUNT OF FEES PAID BY USER FOR THE PRODUCT.
                10. Indemnity. User agrees to indemnify, defend, and hold KFS, its agents, affiliates, employees, directors, officers, stockholders, suppliers and distributors harmless from and against any and all claims, losses, damages and expenses (including legal fees and expenses) resulting from, relating to or arising out of or in connection with: User's breach of any of these Terms and Conditions; User’s use of this website, the Product or any data or documentation received from KFS; any fraud committed by User or under its account or password(s); User’s misconduct or gross negligence; or User’s violation of any applicable U.S. or foreign law, or of the rights of any third party; in any such case, regardless of the form of action.

                11. Other Terms and Conditions. Certain sections of or pages on this website may contain separate terms and conditions, which are in addition to these terms and conditions. User should read those additional terms and conditions carefully. By accessing such sections or pages, User agrees to be bound by those additional terms and conditions. In the event of a conflict between any such additional terms and conditions and these Terms and Conditions, those additional terms and conditions will govern User’s use of the sections or pages subject to those additional terms and conditions.

                This website may contain links to and be linked from third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by KFS of any information contained in any third-party website. In no event shall KFS be responsible for the information contained on any such site or User’s use of or inability to use such site. User should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to User’s use of this website.

                12. Additional Matters. If any part of these Terms and Conditions is declared void, they shall to the maximum practicable extent be construed without reference to that part. User may not assign or sublicense any rights under these Terms and Conditions without KFS's express prior written consent. These Terms and Conditions, including the Privacy Policy incorporated herein, constitute the entire agreement between the parties with respect to their subject matter and may not be modified or amended except by the express agreement of KFS. These Terms and Conditions and User’s use of this website and the Product shall be governed by and construed under the laws of the State of New York as they apply to agreements executed and to be fully performed in the State of New York (without reference to its choice of law rules or principles of conflicts of law). User expressly consents to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim arising under or out of these Terms and Conditions. None of these Terms and Conditions or any provision hereof shall be waived unless such waiver is in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.

                Last Updated: January 1, 2026