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Legal Notice

1. Content

Owen Kane Holdings, Inc. and its subsidiaries are New York corporations and have a place of business at 29 Broadway, Suite 2500 New York, NY 10006 (hereinafter referred to as “Company”) hereby provides access to the contents of this site subject to the terms and conditions herein. You are invited to visit and use this site subject to your agreement to and compliance with the terms hereof, failing which your permission to access and use this site is automatically revoked.

2. Proprietary Rights

2.1 The content provided on this site, including, but not limited to the text, content, graphics, logos and images, unregistered trademarks, the forms of expression thereof and the software used on this site, is proprietary to Company or applicable third parties who have granted Company the right or license to use such, and is protected by the United States and international laws.

2.2 Owen Kane and all other applicable marks/logos on this site are trademarks and/or service marks of the Company (registered or otherwise) or applicable third parties.

2.3 www.owenkane.com is a registered internet domain of the Company.

2.4 Except as expressly permitted by the express terms of this site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use this site or the content provided on this site in any way for any public or commercial purposes without prior written authorization by Company.

3. Conditions of Access/Use

3.1 As a condition of your access and use of this site, you warrant to Company that you will not access and use this site for any unlawful purpose.

3.2 You agree to abide by all the proprietary notices contained in the content of this site and retain such notices in any copy thereof, in whole or in part.

3.3 Any use or access to this site or the content thereof is prohibited unless expressly permitted herein or by Company in writing.

 

 

4. Non-Exclusive Revocable License

Access and use of this site is subject to a non-exclusive, personal and revocable license from Company that is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of Company then in effect.

5. Links to Third Party Sites [Dealing Through This Site/Alliances/Partners And Other Third Parties]

5.1 Links from other sites to this site are not permitted without the prior written consent of Company.

5.2 Other internet sites linked to this site are not associated or affiliated with Company. Company assumes no obligation or liability for the acts or omission, operation of those sites or the content of those sites whatsoever.

5.3 The links are provided for your information and convenience only, and they do not imply or suggest endorsement by Company of the linked sites or the content thereof. You agree not to involve Company into any disputes between you and such linked sites.

6. Service/Product Availability

This site may contain references or cross references to products and services that are not announced or available to you.

7. On-Screen Display

Due to difference of individual monitors, the color displayed on your screen may not be the exact color you see in person.

8. Agency

In the event you access and use this site on behalf of another person or entity, you accept the liability for any harm caused by wrongful access and use of this site by such person or entity which is inconsistent with the terms hereof or applicable law.

9. Privacy Policy

Information about you is subject to the privacy policy of Company as stated in any Privacy Notice [LINK] of this site which is incorporated herein by reference.

10. System Performance

The availability of this site and the response time of this site are not guaranteed at any level or for any period of time. In the event there is system degradation, Company reserves the right, in its sole discretion, to temporarily or permanently filter or block access of electronic messages.

11. Notice

Any notices from Company to you shall be deemed given if published on this site or sent by E-Mail to you.

12. General Disclaimer and Disclaimer of Warranty

12.1 This site and the content provided on this site may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice. The accuracy, completeness, security and proper functioning of this site are not guaranteed.

12.2 This site and its linked sites may be subject to such items as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.

12.3 NO OFFER OR SOLICITATION IS MADE BY THE COMPANY HEREIN AND NONE MAY BE INFERRED, EXCEPT AS EXPRESSLY STATED ON THIS SITE.

12.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS”. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED HEREBY NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. Limitation of Liability

IN NO EVENT SHALL COMPANY NOR ITS THIRD PARTY VENDORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS OR USE OF THIS SITE, EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF COMPANY.

14. Indemnification

By accessing or using this site, you agree to indemnify and hold harmless Company and its shareholders, directors, officers, employees, representatives, agents, successors and assigns from any loss, damages, including without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, and expenses, including but not limited to, attorneys’ fees, arising or resulting from or in any way connected with your access and/or use of this site, including without limitation, transmitting any communications to or through this site.

15. Equal Employment Opportunity Employer

The Company is an Equal Employment Opportunity Employer, and is committed to providing all employees and job applicants equal consideration without regard to race, creed, color, sex, age, religion, national origin or disability as required under applicable law.

16. Governing Law

16.1 This site is controlled and operated by Company from its offices in New York, NY USA.

16.2 Access and use of this site shall be governed by the law of the State of New York (USA) without regard to its conflict of law principles.

17. Arbitration

Any controversy or claim relating hereto shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect, in its offices in New York, NY USA. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction.

18. Jurisdiction

Without limiting the applicability of the arbitration provision above, you consent to the jurisdiction of the federal and state courts having jurisdiction for the County of New York and the State of New York USA with respect to the enforcement of the arbitration provisions hereof or any arbitration award or entry of judgment arising therefrom and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum. In addition, in any such court proceeding, you agree to waive the right to a jury, if any.

19. Superseding Construction and Severability

Should any provision(s) provided herein be determined to be invalid or unenforceable pursuant to applicable law by a competent court or arbitral body with jurisdiction, a valid and enforceable construction that is most close to the original commercial intent thereof shall be given to and supersede such provision(s), and the balance hereof shall remain in effect.

20. Revision and Amendment

The Company reserves right to revise or amend this Legal Notice at any time and for any reason. Such revision or amendment shall apply as of the date designated for such.

21. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS INTERNET SITE, AND ARE NOT RELYING UPON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.

22. Entire Agreement
By access and use this site, you agree that the terms and conditions contained and referenced in this Legal Notice represent the entire understanding between Company and you with respect to your access and use of this Company web site, and supersede any prior understanding or communications with respect to the subject matter hereof, unless otherwise agreed in writing and signed by Company.

Last updated January 2, 2012.
Property of and Proprietary to Owen Kane Holdings, Inc. and its Subsidiaries
Copyright © 2012
All Rights Reserved

 
 
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