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Site Terms

General

Kensington Capital Advisors, LLC Website (this “Website”) is made available to you pursuant to the following Terms of Use and any other rules or policies posted on this Website. All such rules and policies are incorporated by reference into these Terms of Use. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any other rules or policies posted on this Website. As used in these Terms of Use, Kensington Capital Advisors, LLC, and its affiliates.

Trademarks and Trade Names

All trademarks, service marks, logos, graphics, domain names, metatags, trade dress, and trade names applicable to Kensington Capital Advisors, LLC’s business, operations, facilities, products and services (collectively, “Kensington Capital Advisors, LLC’s Intellectual Property”) are owned exclusively by Kensington Capital Advisors, LLC. Kensington Capital Advisors, LLC’s Intellectual Property may not be used in connection with any product or service that is not Kensington Capital Advisors, LLC, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Kensington Capital Advisors, LLC. All other trademarks, service marks, logos, graphics product names and company names not owned by Kensington Capital Advisors, LLC that appear on this Website are the property of their respective owners.

Copyrights

All content included on this Website, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, and the compilation (meaning the collection, arrangement, and assembly) of such content, are the property of Kensington Capital Advisors, LLC, or its content suppliers and are protected by United States and international copyright laws. All software used on this Website is the property of Kensington Capital Advisors, LLC, or its software suppliers and is protected by United States and international copyright laws. The content and software on this Website are to be used only for providing information regarding Kensington Capital Advisors, LLC to persons who visit this Website. Any other use of the content and software on this Website, including the reproduction, modification, distribution, transmission, republication, display or performance of such content and software, is strictly prohibited.

Use of Website

This Website is owned and operated by Kensington Capital Advisors, LLC, and is for your personal, noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any content (including, without limitation, any text, graphics, logos, button icons, images, audio clips, and software) included on this Website. Notwithstanding the generality of the foregoing, you may download on any single computer one copy of the information included on this Website for your personal, noncommercial use only, provided that you do not modify any of such information and that you keep intact all copyright and other proprietary notices contained in such information. This permission terminates automatically if you breach any of these Terms of Use, and upon such termination, you must immediately destroy any downloaded and printed materials (and all copies thereof). The use of any content included on this Website on any other website or networked computer environment is strictly prohibited. Any unauthorized use of the content included on this Website is prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Disclaimer of Warranties

THIS WEBSITE IS PROVIDED BY KENSINGTON CAPITAL ADVISORS, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. KENSINGTON CAPITAL ADVISORS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO: THIS WEBSITE OR ANY OF THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON THIS WEB SITE; THE OPERATION, USE OR RESULTS OF USE OF THIS WEBSITE; OR THE CORRECTNESS, ACCURACY, AND RELIABILITY OF THIS WEBSITE. KENSINGTON CAPITAL ADVISORS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEBSITE AND ANY OTHER SERVICES PROVIDED BY KENSINGTON CAPITAL ADVISORS, LLC WILL BE FREE OF ERRORS, THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. KENSINGTON CAPITAL ADVISORS, LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL KENSINGTON CAPITAL ADVISORS, LLC BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR ANY OTHER ECONOMIC LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE DELAY INABILITY TO USE THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN KENSINGTON CAPITAL ADVISORS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES, INJURIES OR DAMAGES. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, ERRORS, USE OR RELIANCE ON INACCURATE INFORMATION, WEBSITE DOWN TIME OR INTERRUPTIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH THIS WEBSITE, IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.

Links to Other Sites

This Website may contain links to other websites not owned by Kensington Capital Advisors, LLC, (the “Linked Sites”). The Linked Sites are not under the control of Kensington Capital Advisors, LLC, and Kensington Capital Advisors, LLC is not responsible for the availability of such Linked Sites, does not endorse and is not responsible or liable for any content, products or other materials available on any Linked Site, including, without limitation, any link contained in a Linked Site. In the event that Kensington Capital Advisors, LLC provides a link to a Linked Site, such links are provided only as a convenience, and the inclusion of any such link does not imply endorsement by Kensington Capital Advisors, LLC of the Linked Site or any association with the Linked Site’s operators.

Legal Compliance

You agree to comply with all applicable laws, statutes, regulations and ordinances.

Miscellaneous

Kensington Capital Advisors, LLC retains title and ownership of this Website and reserves the right to make changes to this Website at any time. These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its conflicts of law rules. You agree that any action arising out of or connected in any way with this Website and/or your use of this Website shall be brought in the state or federal courts in Mecklenburg County, North Carolina, and you hereby waive any right to assert jurisdiction or venue in any other court. Kensington Capital Advisors, LLC may, from time to time and at any time, amend any of these Terms of Use by posting the amended terms on this Website. These Terms of Service may not be otherwise amended except in a writing signed by Kensington Capital Advisors, LLC Any waiver of any of these Terms of Service will be effective only if in writing and signed by Kensington Capital Advisors, LLC and the failure of Kensington Capital Advisors, LLC to exercise or enforce any of these Terms of Use shall not constitute a waiver of such right or provision.

Notice/Procedure for Claims of Copyright Infringement

Note: This procedure is exclusively for notifying Kensington Capital Advisors, LLC that you believe your copyrighted material has been infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Kensington Capital Advisors, LLC’s Copyright Agent with a written notice containing the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed;
• A description of the copyrighted work that you claim has been infringed upon
• A description of the material that you claim to be infringing or to be the subject of infringing activity, and a description of where such material is located on this Website; Your address, telephone number, and e-mail address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For purposes of 17 U.S.C. € 512(c) and 37 C.F.R. € 201.38.

Non-Reliance. The Website and its contents contain general information intended for informational purposes only, were prepared without concern to any specific goals or financial conditions and should not be relied upon to make any investment, trading or other decision. Further this Website and its contents are not a substitute for professional advice and services. Nothing on the Website should be construed as an offer or to purchase/sell any investment or execute/terminate any transaction. Any investment or transaction strategy referenced on this Website may involve significant risks, including, but not limited to: risk of loss, illiquidity, and may not be suitable for all investors, situations or users. No member of Kensington, or any officer, employee or associate accepts any liability whatsoever for any direct or consequential loss arising from any use of the information or documents on this Website, including for negligence. This material is not intended for distribution to, or use by, any person in a jurisdiction where delivery would be contrary to applicable law or regulation, or it is subject to any contractual restriction. No further distribution is permissible without prior written consent.

Opinions. The views expressed within this Website constitute the perspective and judgment of Kensington at the time of distribution, may be based upon information that is subject to change and are subject to modification. Any projection, or prediction of the market, the economy, economic trends, and equity or fixed-income markets are based upon current opinion as of the date of issue, and are also subject to modification. Opinions and data presented are not necessarily indicative of future rates, events or expected performance. Information contained herein is based on data believed to be reliable. No representation is made as to its accuracy or completeness.

No Advice. The information and any documents contained on this Website are intended for general informational purposes only, and are not intended to provide, and do not constitute, investment, tax, business or legal advice to any individual or entity. Website visitors are urged to consult with their own advisors before taking action based on any information or documents available through our website or any website to which we link.

No Advisory Relationship. The information and any documents contained on this Website are not intended to create an advisory relationship, as an IRMA, QIR, CTA or otherwise with any Website visitor, and your use of such documents and information does not and will not create an advisory relationship between you and Kensington.

Kensington Capital Advisors, LLC is a registered municipal advisor with the SEC and the MSRB under the Dodd-Frank Act of 2010 and as a Commodity Trading Advisor with the CFTC.