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 and the Privacy Notice for this site. 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, graphics, logos,images, and the software used on this site, is exclusive property of and proprietary to Company and/or applicable third parties who have granted Company the right or license to such, and is protected by the United States and international laws.
2.2 Owen Kane and all other applicable marks/logos on this site (registered or otherwise) are trademarks and/or service marks of the Company, except as to trademarks/service marks associated with third parties.
2.3 www.owenkane.com is a registered internet domain of the Company.
2.4 All names, products and services (other than those of the Company) mentioned on the site are trademarks/service marks/domains (registered or otherwise) of applicable third parties.
2.5 Except as expressly permitted under United States and international copyright, trademark and other intellectual property law or 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 or disclose this site or the content provided on this site in any way for any public or commercial purposes, without prior written authorization by Company or other applicable intellectual property right owners.
2.6 Any software used to operate this site is subject to applicable license terms.
2.7 Any software, information or data that is downloaded from this site is subject to applicable license terms.
3. Conditions of Access/Use
3.1 As a condition of your access and use of this site, you agree 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.
3.3 You are not permitted to extract any content, including, data from this side for posting on another website or publication without Company’s prior written consent and subject to any terms and conditions that the Company may prescribe.
3.4 You warrant and represent to Company that you are 18 years of age or older.
3.5 You agree to abide by all federal, state, local and international laws, regulations and rules and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.
3.6 You agree to comply with all applicable laws regarding import or export to/from the United States and/or the country in which you reside.
4. Non-Exclusive Revocable License
Access to and use of this site and its content is subject to a limited, non-exclusive, personal and revocable license from Company that is subject to suspension, cancellation, termination or modification at any time pursuant to the policies of Company then in effect.
5. Dealing Through This Site
5.1 Links from other sites to this site are not permitted without the prior written consent of the Company.
5.2 Third party sites linked through this site are not associated or affiliated with the Company and are not within Company’s control. Company assumes no obligation or liability whatsoever for the acts or omission of any third party site or the content of those third party sites. The terms and conditions of access and use of third party sites are independent of this Legal Notice and the terms pertaining to this site.
5.3 The links to any third party site 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.
5.4 Your dealings with parties other than the Company are exclusively between you and such parties. You agree not to involve Company into any disputes between you and such parties.
6. Service/Product Availability
This site may contain references and/or cross references to products and services that are not announced or available to you.
7. Agency
If you are accessing or using this site on behalf of another person or entity, you nonetheless agree to assume personal liability for wrongful use or access of this site.
8. Privacy Policy
The privacy policy of the Company as stated in the Company’s Privacy Notice for the site applies. Your agreement with this Legal Notice indicates your agreement with the Privacy Notice for this site.
9. System Performance
The availability of this site and the response time or other performance of this site is not guaranteed at any level or for any period of time. Company reserves the right in its sole discretion to temporarily or permanently filter or block any traffic to/from this site. Company is not responsible for any acts or omissions of any internet service provider, network or carrier.
10. Notice
Any notices from Company to you shall be deemed given if published on this site or sent by E-Mail to you. Any notices to Company shall be given in writing at 29 Broadway, Suite 2500, New York, NY 10006.
11. General Disclaimer and Disclaimer of Warranty
11.1 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 or reason. The accuracy, completeness, security and proper functioning of this site and its content are not guaranteed.
11.2 Company does not warrant that this site or any linked sites are free of items such as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.
11.3 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.
12. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR THEIR COUNTERPARTIES BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$1,000.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES THAT YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, LOSS OR DAMAGES RESULTING FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM REACHING OR LEAVING THIS SITE VIA A LINKED SITE, OR THOSE RESULTING FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF COMPANY KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF DAMAGES.
13. 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 losses, 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 or related to your access and/or use of this site, including any third party claims arising from such.
14. Governing Law
14.1 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.
14.2 For purposes hereof, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.
14.3 For purposes hereof, the Uniform Computer Information Transactions Act or any such similar statute as adopted by any jurisdiction does not apply hereto.
15. Arbitration
Any controversy or claim between you and Company shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect, in its offices in the City of New York, State of NY, USA. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction. YOU EXPRESSLY WAIVE AS TO ANY SUCH CLAIMS: (I) YOUR RIGHT TO PROCEED IN ANY COURT HAVING JURISDICTION; (II) YOUR RIGHT TO JURY TRIAL; (III) YOUR RIGHT TO HAVE ANY STATUTORY CLAIM HEARD IN COURT, AND/OR (IV) YOUR PARTICIPATION IN ANY CLASS ACTION. YOU AGREE THAT THE FOREGOING WAIVERS ARE MATERIAL AND ESSENTIAL AND ARE NON-SEVERABLE FROM THIS ARBITRATION PROVISION. IF ANY WAIVER IS FOUND VOID OR UNENFORCEABLE AS TO ANY CLAIMS, THEN THE ARBITRATION PROVISION SHALL BE NULL AND VOID ONLY IN RESPECT TO SUCH CLAIM AND THE ARBITRATION PROVISION SHALL REMAIN VALID WITH RESPECT TO OTHER CLAIMS.
16. Jurisdiction
Without limiting the applicability of the arbitration provision above, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the County of New York, State of New York, USA, and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
17. Superseding Construction and Severability
17.1 Each provision included herein shall be independently enforceable in accordance with its terms.
17.2 Should any provision(s) provided herein be determined to be invalid, illegal or unenforceable pursuant to applicable law, a valid, legal and enforceable construction that is closest to the original commercial intent thereof shall be given to and supersede such provision(s), and the balance hereof shall remain in effect.
18. Survival or Rights & Remedies
18.1 The rights and remedies of Company hereunder shall be cumulative and may be exercised concurrently or consecutively at Company’s option and are in addition to the rights or remedies available to the Company at law and in equity, and shall survive the end of your access to and use of this site.
18.2 All rights and remedies not expressly provided herein are hereby reserved by Company.
19. Revision and Amendment
19.1 No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing (including, by electronic means) by Company.
19.2 The Company reserves right to revise or amend this Legal Notice at any time and for any reason. Any such revision or amendment shall apply as of the date designated for such.
20. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU INDEPENDENTLY UNDERSTAND AND VOLUNTARILY AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN.
21. Execution, Storage and Transmittal by Electronic Means
21.1 This Legal Notice, all notices/terms and conditions incorporated herein by reference, and any other document on the site are created, exist and are stored in electronic form.
21.2 For all purposes, electronic signatures shall be deemed original signatures, even when an electronic signature may merely be a computer generated signature, check the box or a click through “I agree” feature or other form of confirmation.
21.3 By accessing or using this site, you agree not to contest the applicability of validity of the terms of this Legal Notice.
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 site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and the Company.
Last updated January, 2022.
Copyright © 2012 Owen Kane Holdings, Inc. and its subsidiaries
All Rights Reserved
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