Terms of Use
General
We provide this website (the "Site") known as "keanyassociates.com," which is owned and operated by Keany Associates, Inc. ("we" or "us") on behalf of itself. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. These Terms of Service govern your use of the Site only, and do not govern or apply to your use of other products or services provided by us or advertised on the Site.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. We may not necessarily provide you with notice of any change to these Terms of Service, other than posting the new Terms of Service on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. These Terms of Services, as amended from time to time, form a legally binding agreement between you and us in relation to your use of the Site and the services we provide to you. It is important that you take the time to read them carefully.
Provision of the Site and Related Services
From time to time, we, or third party providers will provide services (such as email, toolbars, news, content, audio, video, etc.) to you on behalf of us or them. You acknowledge and agree that we or third party providers are entitled to do so. In addition, we constantly innovate and update the Site in order to provide the best possible experience for you. As a result, the form and nature of the services which we provide may change from time to time without prior notice to you. As part of this continuing innovation, we may stop (permanently or temporarily) providing all or some of the services (or any features) to you or to users generally at our sole discretion, without prior notice to you. If we disable access to your account, you may be prevented from accessing the Site and/or services, your account details or any files or other content which is contained in your account.
While we or our third party providers may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Site or its services or on the amount of storage space used for the provision of the Site or any service or your use of the Site, we or our third party providers may set such fixed upper limits at any time (or once set, change them), at our discretion. We or our third party providers will have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. We or our third party providers reserve the right to modify these general practices and limits from time to time. Of course, misuse of the Site through excessive transmissions is not permitted on the Site at any time and may subject you to personal liability.
The software we provide from the Site may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the services and the Site, and the updates may include bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Site and its services.
The Site and its services may include advertisements that are necessary for us to provide the services or we deem appropriate for the Site. The Site and services may also include certain communications from us, such as service announcements, administrative messages and newsletters. In certain instances, these communications are considered part of the use of the Site and you will not be able to opt out of receiving them.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site. You may stop using the services and the Site at any time. You do not need to specifically inform us when you stop using the Site or services.
Intellectual Property Rights
Keany Associates's Limited License to You. The Site and all the materials (including without limitation, text, news, information, data, music, audio, photos, videos, other images and content) available on the Site are our property or the property of our affiliates or licensors, and are protected by copyright, trademark, and/oe other intellectual property laws. The Site is provided solely for your personal noncommercial use, subject to the provisions of these Terms of Service. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of theseour rights or has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, rent, license, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Nothing in these Terms of Service gives you a right to use any of our trademarks, service marks, logos, domain names, and other distinctive features. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found here. You also agree not to remove, obscure or alter any proprietary rights notices which are affixed to or contained within the Site.
Your License to Keany Associates. In consideration of using the Site, including posting or submitting any material (including, without limitation, photos, audio, videos, data, text, software and other content) to us via the Site, you are representing: (i) that you are of legal age to form a contract (and in all events older than 13 years) and not barred under any law from using the Site or receiving services; (ii) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material or intellectual property or proprietary rights contained in or conveyed by the material; and (iii) that the material you provide will not infringe on any third party's intellectual property, proprietary or privacy rights. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate or necessary.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by Keany Associates or keanyassociates.com. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Notice of Copyright Infringement.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to Keany Associates, Inc., 269 S. Beverly Dr. 733, Attention: General Counsel. The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. .
Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
Associated Press Materials. Some of the material available on the Site is provided by the Associated Press or other third party content providers. By using this Site you agree and acknowledge that (1) Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing.
Services and Interactive Features
It is a condition of your use of the Site that you do not:
- Use the Site in violation of any local, national or international law, generally accepted practices or guidelines or these Terms of Service, including without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Restrict or inhibit any other user from using and enjoying the services or features of the Site.
- Harm or threaten to harm minors in any way.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Site.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain, or attempt to gain, unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Use the Site to post or transmit any unlawful, threatening, tortuous, abusive, libelous, defamatory, obscene, hateful, racially or ethnically objectionable, vulgar, pornographic, profane or indecent or objectionable information of any kind or in any way, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- "Stalk" or otherwise harass another.
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
The Site may include a variety of services and features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each individual user as described above. You alone are responsible for the material, including without limitation, that you post or send. We do not control the messages, information or files that you or others may provide through the Site.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Siteour website or infringes the rights of others.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. You may not assign or grant any rights in and to use the Site or services provided by us without our express permission.
By registering for the Site or a feature on the Site, in exchange for the services provided you on or through the Site, you also agree to provide us with accurate and complete information we may request from time to time through questionnaires, surveys and registration forms.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Disclaimers
Throughout the Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of those sites, or the information, products or services offered on or through those sites. In addition, neither we nor our parent entitiles and/or any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND ANY THIRD PARTY SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN PARTICULAR, WE DO NOT DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE OR ITS SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. Use of the Site is at your discretion and loss, and you assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed as long as 20 minutes (if not longer), as may be required by the stock exchanges and/or the financial information services. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION, OR ANY LOSS OF DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE OR OF YOUR USE OF THE SITE MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.
Online Commerce
Certain sections of the Site may include hyperlinks to, or allow you to purchase many different types of, products and services online that are provided by third parties. We may not have no control over those third party websites. We are also not responsible for the quality, accuracy, timeliness, reliability or any other aspect of the products and services sold at those other websites or by the third parties at the Site.
If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
Use of Keany Associates Directories
The information contained in any Keany Associates directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site (or the entire Site) affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Interstate Commerce
In using the Site or services, you will cause communications to be sent through our computer networks, portions of which are located around the United States and possibly abroad. As a result, communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the Site results in interstate data transmissions.
Our email service and other services may allow you and the people with whom you communicate to save your conversations in our or third party servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account. Your use of the Site allows us to store these communications and to allow us to send you notices through our email service.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. We may provide you notices from time to time, and you consent to our doing somay do so by either email, regular mail or posting on the Site regardless of the manner you typically communicate with us. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. If we do not exercise or enforce any legal right or remedy in these Terms of Service, this will not be deemed to be a formal waiver of our rights, and all rights and remedies under law and equity will still be available to us. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any dispute or claim arising out of or relating to the Site will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims court if the claims relate solely to the collection of any debts you owe us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis. You must first present any claim or dispute to us by contacting us in writing at the address contained on your invoice, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association. Any arbitration will take place in Los Angeles, California, USA. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. An arbitrator may not award relief in excess of or contrary to what this Site provides, order consolidation or class arbitration, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute. Either party may seek an injunction from a court located within Los Angeles, California to resolve any legal matter arising from these Terms of Service. court of competent jurisdiction pending any arbitration in the event of actual or threatened irreparable harm. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award or as required by law. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
By this agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both agree that any claim must exclusively be brought in the a court located in Los Angeles, California, and waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
You and us agree to submit to the exclusive jurisdiction of the courts located within Los Angeles, California to resolve any legal matter arising from these Terms of Service. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No other person or company shall be third party beneficiaries to these Terms of Service.
Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
Information for Quebec Residents. C'est à la demande expresse des parties que la présente convention a été rédigée en langue anglaise; the parties to this Agreement have specifically requested that it be drafted in the English language.
Information for International Users. This Site is operated from the United States. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
