Terms and Conditions of Use

Disclaimer

eating Capital, Inc. and Keating Investments, LLC (“Keating”) are pleased to provide you with the materials on our Web site for informational purposes. Please carefully read these Terms and Conditions relating to the use of our Web site. By using our Web site, you agree to the Terms and Conditions described below. If you do not agree to the Terms and Conditions discussed here, you may not access or use this Web site.

This Web site is intended to be accessed from, and the information contained in the Web site is intended to be used within, the United States of America. We make no representations that this Web site or materials in our Web site are appropriate or available for access or use in other countries. If you access this Web site from another country, you do so on your own initiative and are responsible for compliance with laws applicable to such access.

We may revise these Terms and Conditions at any time without notice by updating this posting. You are bound by any revisions and, therefore, should periodically visit this page to review the current terms that apply to your use of our Web site.

Keating cannot guarantee the information in this Web site is accurate, complete or suitable for any purpose. In addition, Keating cannot guarantee that the contents of this Web site have not been affected by technical malfunctions or unauthorized tampering. The contents of this Web site are subject to change without notice. We may alter or delete material from this Web site at any time.

Your use of this Web site and its contents is at your own risk, and neither Keating nor any party involved in creating or delivering this Web site shall be liable for damages of any kind that may result from access to, or use of the information contained on, this Web site, including, but not limited to, any such damages arising from errors or omissions, misprints, out-of-date information, inaccuracies, typographical or other errors appearing on this Web site, any software that may be downloaded from this Web site, or any damage to your computer equipment including, but not limited to, any virus that may infect your computer equipment.

KEATING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEB SITE. IN NO EVENT WILL KEATING, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, AND EMPLOYEES, BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS WEB SITE OR DEFECT IN THIS WEB SITE OR ANY INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.

By using this Web site, you assume the risk that the information and materials on this Web site may be incomplete, inaccurate, out-of-date, or may not meet your needs or requirements.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Intellectual Property

All contents of this Web site are protected by trademark, copyright and/or other intellectual property rights, and may not be modified, distributed, posted or transmitted without our prior written consent. You may download material from our Web site solely for your own informational, personal and non-commercial use. No copyright notices, other intellectual property or legal notices, or other identifying information may be removed from downloaded materials. You may not download material from our Web site for any other purpose without our prior written consent.

Keating and the Keating logo are trademarks of Keating Investments, LLC and/or its affiliates, registered in the U.S. and/or other jurisdictions.

Other Keating product or service names or logos referenced in this document are either trademarks or registered trademarks of Keating Investments, LLC and/or its affiliates. Other trademarks and product names are the property of their respective owners. Nothing contained in our Web site should be construed as granting any license or right to use any trademarks or logos.

Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Web site or any documents displayed on this Web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Keating.

Submissions of Information

Any communication or material that you transmit to our site, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. Keating may use such communication or material for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Keating is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to our Web site for any purpose whatsoever.

Third-Party Links

Periodically, our Web site may contain links to other Web sites. Keating is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third-party Web site. Keating has no control over the content on such third-party Web sites and Keating does not take any responsibility or assume any liability for information contained on other Web sites. Your linking to any other Web sites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those Web sites.

Web site Availability

This Web site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. Keating cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Keating may alter, suspend, or discontinue this Web site at any time for any reason, without notice or cost.

Concerning Your Privacy

Privacy Notice

We are committed to protecting your privacy. This privacy notice, which is required by federal law, explains privacy policies of Keating Capital, Inc. (“Keating”) and its affiliated companies. This notice supersedes any other privacy notice you may have received from Keating, and its terms apply both to our current stockholders and to former stockholders as well.

We will safeguard, according to strict standards of security and confidentiality, all information we receive about you. With regard to this information, we maintain procedural safeguards that comply with federal standards.

Privacy Policy

Keating is committed to protecting your privacy. This privacy notice, which is required by state and federal law, explains the privacy policies of Keating and its affiliated companies. This notice supersedes any other privacy notice you may have received from Keating, and its terms apply both to our current customers and to former customers as well.

How We Protect Your Customer Information

We will safeguard, according to strict standards of security and confidentiality, all information we receive about you. With regard to this information, we maintain physical, electronic, and procedural safeguards that comply with federal and state standards.

What Kind of Information We Collect

The only information we collect from you is your name, address, and number of shares you hold.

How We Use this Information

This information is used only so that we can service your account, send you annual reports and other information about Keating, and send you proxy statements or other information required by law.

Who Has Access to Customer Information

We do not share customer information with any non-affiliated third party except as described below.

The People and Companies that Make Up Keating. It is our policy that only authorized Keating employees who need to know your personal information will have access to it. Keating personnel who violate our privacy policy are subject to disciplinary action.

Service Providers. We may disclose customer information to companies that provide services on our behalf, such as record keeping, processing your trades, and mailing you information. These companies are required to protect your information and use it solely for the purpose for which they received it.

Courts and Government Officials. If required by law, we may disclose customer information in accordance with a court order or at the request of government regulators. Only that information required by law, subpoena, or court order will be disclosed.

We will safeguard, according to strict standards of security and confidentiality, all customer information we collect about you. We will protect this information using physical, electronic, and procedural safeguards that comply with federal and state standards.

Updating Your Information

To help us keep your customer information up-to-date and accurate, please contact Keating if there is any change in your personal information. If you have any questions about the rights and restrictions above, please contact Keating Capital, Inc.