Thank you for visiting the Kane Advisors (“Kane Advisors”) website. This website provides general information about the fraud detection and related services that Kane Advisors offers, and other general information and resources.
1. Acceptance of Terms.
These Terms may periodically change without notice, so you should check the Terms before every attempt to use the Kane Advisors Site. When there are material changes to the Terms, Kane Advisors will notify you by listing the last revision date at the end of these Terms. What constitutes a “material change” will be determined in Kane Advisors’ sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Such revised Terms shall be effective immediately upon posting on the Kane Advisors Site. Your continued access and/or use of the Kane Advisors Site or its content after the changes have become effective shall be deemed as your conclusive acceptance of the revised Terms.
2. No Relationship by Access or Use of Kane Advisors Site.
No formal business or other relationship is or may be created between you and Kane Advisors by your access and/or use of the Kane Advisors Site or its content. Likewise, the mere act of contacting Kane Advisors electronically or by telephone does not establish a formal business or other relationship. If you wish to become a Kane Advisors customer, you must contact an appropriate Kane Advisors representative and negotiate a specific engagement for Kane Advisors’ services.
Unless you have a documented business relationship with Kane Advisors, we are not obliged to hold information that you may send us as confidential. Thus, you should not send confidential information to Kane Advisors unless you have a documented business relationship with Kane Advisors.
The information contained in the Kane Advisors Site is general in nature and it may not reflect current developments. It is provided solely for those who wish to have information about Kane Advisors, and it should not be relied upon or construed as formal business advice or services.
3. Third-Party Sites.
4. User Conduct.
You agree that you will not use the Kane Advisors Site for any illegal or improper purpose. You further agree that:
• You will not attempt any unauthorized access to the Kane Advisors Site, or the network and servers associated with Kane Advisors and the Kane Advisors Site;
• You will not collect or otherwise use any information made available on the Kane Advisors Site (e.g., contact information, personal information, etc.) for the purpose of sending unsolicited or otherwise improper communications, including without limitation, unsolicited bulk e-mail communications (“Spam”), and you will not use any Kane Advisors mode of communication to deliver (or attempt to deliver) Spam or other unsolicited contact;
• You will not use the Kane Advisors Site or take any other action that could adversely impact the function or performance of the Kane Advisors Site, including without limitation, launching denial-of-service attacks (or any other attacks) against the Kane Advisors Site; and
• You will not circumvent, or attempt to circumvent, any access or security technology on the Kane Advisors Site, or the network and servers associated with Kane Advisors and the Kane Advisors Site.
5. No Warranties or Representations.
All content and information on the Kane Advisors Site is provided on an as-is basis without warranty of any kind, whether express or implied, including without limitations, warranties of fitness for a particular purpose, merchantability or non-infringement.
For the sake of clarity, and to the fullest extent allowed under applicable law, all warranties of any kind and nature are expressly disclaimed. Kane Advisors makes no warranty or representation concerning the accuracy, availability or quality of the Kane Advisors Site or any content or information therein. This includes, without limitation, a disclaimer of any representation or warranty that the Kane Advisors Site will be reliable, free of errors, free of viruses or other harmful components, secure or uninterrupted, or that the Kane Advisors Site will otherwise satisfy your particular expectations.
We make no guarantee that the information on the Kane Advisors Site is accurate, complete or current, and you should not rely on it in making any decision, taking any action or electing not to take any action. For more comprehensive, current or specific information, or for help with specific factual scenarios, you may contact Kane Advisors to discuss establishing a formal business relationship.
Kane Advisors periodically changes or updates the information and documents on the Kane Advisors Site without notice. Your use of the Kane Advisors Site, and the information and documents contained therein, is at your own risk. Under no circumstances shall Kane Advisors, its agents, suppliers or any other party involved in creating or delivering the Kane Advisors Site content be liable to you or any other person for direct, indirect, incidental, consequential or special damages of any nature arising from your access to, or use of, the Kane Advisors Site.
You assume all responsibility for your use of, or access to, the Kane Advisors Site, and you waive all claims or causes of action against Kane Advisors, its employees, officers, partners, affiliates and agents in connection therewith.
6. Intellectual Property
Intellectual Property and Proprietary Rights: The Kane Advisors Site contains (or may contain) various information, text and documents, writings and editorial content, notices, software, photographs, designs, logos, graphics, images, audio and video recordings, animations and other materials (collectively, “Content”). All Content, and the Kane Advisors Site itself, including without limitation its look and feel (e.g., graphics, images, logos, layout, color combinations, text, links and other features), are protected under United States and foreign copyright, trademark and other applicable intellectual property laws. You should assume that all Kane Advisors Site Content is owned by, or licensed to, Kane Advisors.
Use of Kane Advisors Site Content: Among other legal protections, Kane Advisors claims copyright protection for its Content. Kane Advisors authorizes you to access and view the Kane Advisors Site and the Content contained therein, subject to the following limitations:
• You may download or print a copy of textual Content provided in the Kane Advisors Site for internal use or internal distribution only;
• The textual Content may be used solely for personal, informational and non-commercial purposes;
• The textual Content may not be modified; and
• You may link to the home page of the Kane Advisors Site in an appropriate context, but subject to the limitations and prohibitions stated herein.
Any other use of the Kane Advisors Site or the Content, in whole or in part, without prior written consent from Kane Advisors, is strictly prohibited. This prohibition includes, without limitation, any modification, republication, reprinting, deletion, distribution, transmission, posting, uploading, public performance, proxy caching, reproduction for any purpose except those expressly permitted herein, framing or mirroring the Kane Advisors Site or any Content or third-party content on any server or other device or any other unauthorized use or exploitation of the Kane Advisors Site or the Content. Please take notice that the unauthorized use of any Content is illegal and could subject you to both criminal prosecution and personal liability for damages in a civil action or lawsuit.
7. User-Generated Content.
Any public areas on the Kane Advisors Site are intended to facilitate open communication and discussion. You are wholly responsible for any and all content that you upload or otherwise transmit to the Kane Advisors Site, whether it consists of text, photographs, pictures, art work, audio, video, multimedia or any other types of data (“User-Generated Content”).
If you post, submit, disseminate, share or otherwise contribute User-Generated Content, or if you respond to any third-party user-generated content, you acknowledge and agree that:
• It is illegal to reproduce or distribute copyrighted material without the express permission of the copyright owner;
• It is illegal to use trademarks without the express permission of the trademark owner;
• You represent and warrant that your User-Generated Content does not violate any copyright or trademark right, and that you have the express consent of the copyright or trademark owner to use any material protected by copyright or trademark laws;
• You represent and warrant that your User-Generated Content does not infringe or violate any other proprietary rights of third parties, including without limitation confidentiality, privacy, moral and publicity rights;
• You represent and warrant that your User-Generated Content will not: (i) be defamatory, abusive, harassing, threatening, obscene, pornographic, offensive to the community (or a reasonable portion thereof) or otherwise improper; (ii) be illegal or encourage illegal actions; or (iii) otherwise violate any applicable laws or regulations, or give rise to any liability;
• You grant Kane Advisors a global, non-exclusive, unlimited and royalty-free license to use, adapt, display, disclose, publish, sell, transmit, transfer, copy and store your User-Generated Content, and any ideas, concepts or techniques embodied in your User-Generated Content, in connection with our operation of the Kane Advisors Site or otherwise as we may see fit, and that you hereby waive any and all moral rights that you may have therein;
• We have the right (but we do not assume any obligation) to monitor, edit, move, delete or refuse to post any User-Generated Content that we consider inappropriate or unacceptable for any reason whatsoever in our sole discretion and judgment.
This indemnity applies to Kane Advisors (including any affiliated or related entities), its business partners, vendors, suppliers, licensors and other entities contributing to or participating in the Kane Advisors Site, and their employees, officers, directors, partners, principals, managers, members, agents, contractors, successors and assigns (“Indemnified Parties”). You agree to indemnify and hold harmless all Indemnified Parties from and against any and all losses, damages, costs or expenses (including, without limitation, reasonable attorneys' fees) or liabilities of any nature, arising out of:
9. Copyright Notice.
If you believe that any Content on the Kane Advisors Site infringes your copyright, you agree to immediately provide notice to Kane Advisors. You further agree to provide the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyright or work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you (e.g., your address, telephone number, e-mail address, etc.); (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the information in the notification is accurate and complete, and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You may submit any such notice of claim of copyright infringement to firstname.lastname@example.org will respond in a reasonably expeditious manner to remedy the situation, which may involve, without limitation, removing or replacing the allegedly infringing Content, blocking or disabling access to such Content and/or notifying relevant third-parties. Please note that, under the U.S. Digital Millennium Copyright Act (“DMCA”) and other laws, anyone who knowingly makes misrepresentations concerning a copyright claim may be liable to Kane Advisors, the alleged infringer and the affected copyright owner for any damage, expenses or liabilities of any nature (including, without limitation, reasonable attorneys' fees) in connection with the removal, blocking or replacement of allegedly infringing material, or any legal or related actions concerning the infringement allegations.
If you receive a notification of alleged infringement as described above and you have a good faith belief that the allegedly infringing Content has been removed, blocked or disabled by mistake or misidentification, you may send a counter-notification to Kane Advisors that satisfies DMCA requirements. Once received, Kane Advisors will provide a copy of the counter-notification to the person or entity that sent the original notice of claim of copyright infringement, and will follow the DMCA’s procedures concerning such counter-notifications. Regardless, and in all events, you hereby agree that Kane Advisors, and its employees, officers, directors, partners, principals, managers, members, agents, contractors, successors and assigns, shall not be a party to any disputes, lawsuits or related actions concerning alleged copyright infringement or related matters.
10. Trademark Notice.
All service marks, trade names and logos Kane Advisors are the trademarks of Kane Advisors (the “Marks”). You agree not to display (or otherwise use in any manner whatsoever) the Marks without Kane Advisors’ prior, express and written authorization. Any third-party logos, product names and/or service names are the property of their respective owners, as indicated on the Kane Advisors Site.
11. Electronic Communications.
We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of e-mail and other electronic communications that you may send to us. Despite such precautions, no method of transmission over the Internet is entirely secure and we cannot and do not guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk, and you should carefully decide which information you choose to send us via any electronic communication.
12. Use of Software.
To the extent that Kane Advisors provides for the download of software from the Kane Advisors Site and any information or documentation related thereto (collectively “Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Kane Advisors or a third-party licensor. Any use of the Software is subject to the terms of the applicable end-user or other license terms contained in the relevant files for such Software. You are permitted to use the Software for your personal, non-commercial use or legitimate internal business purposes related to your role as a contractor of Kane Advisors, partner of Kane Advisors or current or prospective customer of Kane Advisors. As between the parties, Kane Advisors solely shall own and hereby retains all rights, title and interest in and relating to the Software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights embodied in the Software). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law expressly prohibits such a reverse engineering restriction, or to the extent that the specific Software was provided in source code form by Kane Advisors for the express stated purpose of permitting your review of such Software).
13. Employment Opportunities.
We welcome expressions of interest in employment opportunities with Kane Advisors from qualified applicants. We do not discriminate in hiring or employment on the basis of race, color, creed, ancestry, religion, sex (including pregnancy, childbirth or related medical conditions), sexual orientation, national origin, age, disability, marital status, gender identity, genetic information, physical or mental disability or medical condition as defined by applicable equal opportunity laws, veteran status or any basis prohibited under applicable law. An invitation to submit your resume or express interest in a job opportunity via the Kane Advisors Site does not, and is not intended to, create an offer or contract between you and Kane Advisors for employment or for any related benefit. Any communication that you send to Kane Advisors inquiring about employment shall not be considered an application for employment. Likewise, it creates no obligation for Kane Advisors to respond to you. Should Kane Advisors be interested in exploring potential employment opportunities with you, we will contact you in response to your inquiry.
15. General – Entire Agreement, Severability, No Waiver and Binding Effect.
17. Applicable Law and Jurisdiction.
18. Questions or Concerns.
* This policy was last updated on 01 May 2018.