The Keenan & Associates Web Site (the “Site”) is an online
information service provided by Keenan & Associates (“KEENAN”),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. KEENAN MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks is
KEENAN, its affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to KEENAN a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by email to KEENAN by all means and in any media now
known or hereafter developed. You also grant to KEENAN the right to use
your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no
recourse against KEENAN for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
KEENAN.
Trademarks. Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or servicemarks of KEENAN. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site. You understand that, except for
information, products or services clearly identified as being supplied
by KEENAN, KEENAN does not operate, control or endorse any information,
products or services on the Internet in any way. Except for KEENAN-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with KEENAN. You also
understand that KEENAN cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are solely responsible for
implementing sufficient procedures and checkpoints to safeguard yourself
from such exposures.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. KEENAN PROVIDES THE SITE AND RELATED INFORMATION “AS IS”
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE
INTERNET GENERALLY, AND KEENAN SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
KEENAN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. KEENAN HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY IN NO EVENT WILL KEENAN BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF KEENAN OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, KEENAN LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
KEENAN makes no representations whatsoever about any other web site
which you may access through this one or which may be linked to this
Site. When you access a non-KEENAN web site, please understand that it
is independent from KEENAN, and that KEENAN has no control over the
content on that web site. In addition, a link to a KEENAN web site does
not mean that KEENAN endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Miscellaneous. This Agreement shall all be
governed and construed in accordance with the laws of The United States
of America applicable to agreements made and to be performed in The
United States of America. You agree that any legal action or proceeding
between KEENAN and you for any purpose concerning this Agreement or the
parties’ obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States
of America. Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
KEENAN’s failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provisions or rights. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement.
KEENAN may assign its rights and duties under this Agreement to any
party at any time without notice to you.