The following terms and conditions ("Terms and Conditions") govern your use of this web site (the "Site"), and by accessing, viewing, or using the material in the Site, you indicate that you understand the Terms and Conditions and agree to be legally bound by them. You should not use this site if you do not wish to engage in an agreement about the Terms and Conditions (this "Agreement").

Use and Accuracy

This Site is designed to provide general information about the business and services of Kestrel Technologies, Inc. ("Kestrel"). While Kestrel endeavors to keep these materials accurate and up-to-date, Kestrel does not warrant or represent, either expressly or by implication, that the information contained or referenced herein is accurate or complete and Kestrel shall not be liable in any way for possible errors or omissions in the contents hereof.

In addition, Kestrel reserves the right to alter the content of this Site and the terms and conditions under which it is offered in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. Kestrel reserves the right to terminate your access to the Site or any portion of this Site without notice in the event that you violate these Terms and Conditions or for any reason whatsoever.

Intellectual Property

All material contained in this Site is protected by law, including but not limited to United States copyright and trademark laws, as well as other state, national and international laws and regulations. The trademarks KESTREL, KESTREL TECHNOLOGIES, the stylized K, RAPTr-NT and all other marks designating Kestrel's products and services are proprietary trademarks of Kestrel; use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. Please be advised that Kestrel enforces its intellectual property rights to the fullest extent of the law.

Disclaimers and Limitation of Liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER KESTREL NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

KESTREL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Kestrel and its affiliates will not be liable for any loss resulting from a cause over which it does not have complete control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

This Site may contain links to other Internet web sites for the convenience of users in locating information that may be of interest. These sites are maintained by third parties over which Kestrel exercises no control and, accordingly, Kestrel expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Kestrel's inclusion of links to any web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Applicable Laws and Jurisdictional Issues

In connection with use of this web site, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright or trademark infringement.

These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York, United States of America, without reference to its choice of law rules. All activity occurring in connection with the site (including, but not limited to, accessing pages, downloading materials or other activities initiated by you) is presumed to occur in the state of New York. Furthermore, if you accept these Terms and Conditions, you consent to the jurisdiction of the federal and state courts presiding in the state of New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

If any part of these Terms and Conditions is declared invalid or unenforceable under applicable law, then such provision will be automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be incorporated as a part of these Terms and Conditions as though originally included and the remaining parts will continue to remain in effect. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceeding relating to these Terms and Conditions to the same extent as if in writing and signed by each party.

Indemnification

You agree to indemnify and hold harmless Kestrel, its affiliates, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys' fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

Please be advised that the confidentiality of any communication or material transmitted to Kestrel via this Site or electronic mail cannot be guaranteed, including personal information such as your address. Consequently, Kestrel is not responsible for the security of any information transmitted via the Internet. For more private communication, you may also contact us by telephone at (212) 509-4900, or write to us at: Kestrel Technologies Inc., 40 Broad Street, 4th Floor, New York, N.Y. 10004.

Correspondence

Kestrel is pleased to hear from users of its web site and welcomes your feedback and suggestions about how to improve this Site. Kestrel must, however, regretfully ask that you do not send us any copyrighted or proprietary information. If you send such information, the information shall be deemed, and shall remain, the property of Kestrel. Any ideas, suggestions, or any other material received through this Site will be deemed to include permission for Kestrel to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use or act on such communications without additional approval or consideration, and you hereby waive any claim to the contrary.

Export Controls

This Site is controlled and operated by Kestrel from its offices within the United States. Kestrel makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

In addition, software, information and data (if any) from this site may be subject to United States export control laws. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals, the United States Commerce Department's Table of Deny Orders or any similar list developed by a competent arm of the United States Government.
Termination.

This Agreement is effective until terminated by either party. However, this Agreement's jurisdictional provisions shall remain in force for any dispute that arises over prior activities on this Site, regardless of whether or not either party has terminated the agreement. By destroying all materials obtained from any and all of the Kestrel site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise, this agreement may be terminated at any time. This Agreement will terminate immediately without notice if in Kestrel's sole discretion you fail to comply with any term or condition. Upon termination, you must destroy all materials obtained from this site and all copies thereof.

Kestrel reserves the right to update this Agreement from time to time and without notice. Updates will in no way relieve you of your obligations under earlier versions of this Agreement. Use of this site constitutes acceptance of the terms of the agreement in place at the moment of use.

Entire Agreement

These Terms and Conditions and the other terms and conditions as may be found throughout the Site constitute the entire agreement between you and Kestrel with respect to your use of the Site. You acknowledge that, in providing you access to and use of the Site, Kestrel has relied on your agreement to be legally bound by these Terms and Conditions.

Privacy Guidelines

Guideline 1
Kestrel will explicitly ask when it needs information that personally identifies you or allows Kestrel to contact you ("Personal Information"). Generally this information is requested when registering for a site, when requesting a particular service or materials, or when entering a sweepstakes or contest. When possible, Kestrel will provide you with the means to make sure that your Personal Information is correct and current.

Guideline 2
Kestrel's site and its necessary service partners use your Personal Information to operate the sites and services and to inform you of new features, services, and products from Kestrel. Kestrel may also carefully select other companies to send you information about their products or services, which are related to the site's service but are not necessary to its operation (a "Secondary Use").

Guideline 3
If a Kestrel site intends to use Personal Information for a Secondary Use, the Kestrel site will provide you with instructions on how to decline this service. You may also stop the delivery of informational or promotional mail from Kestrel by following the "remove" instructions on the mail.

Guideline 4
Kestrel's site may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Kestrel or the site; (b) protect and defend the rights or property of Kestrel, the site or the users of Kestrel, and (c) act under exigent circumstances to protect the personal safety of users of Kestrel, the site or the public. In addition, Kestrel may provide aggregate statistics about users, sales, traffic patterns, and other information to third parties, but these statistics will include no personal identifying information.

Guideline 5
Children should ask their parents for permission before sending any information about themselves over the Internet, and before making any purchases online. Kestrel encourages parents to get involved with children's online usage and to be aware of the activities in which they are participating. Finally, parents should be aware that if their child voluntarily discloses his/her name, email address, etc. on various bulletin boards or chat areas, such disclosure might result in unsolicited messages from other parties. Accordingly, parents should discourage their children from making such disclosures.

Guideline 6
If at any time you believe that a Kestrel site has not adhered to these Guidelines, please notify Kestrel by e-mail at jlocksley@kestrelinc.com, and Kestrel will use all commercially reasonable efforts to promptly assess and correct the problem. Or call (212) 509-4900.