Terms and Conditions

The Keenan & Associates Web Site (the "Site") is an online information service provided by Keenan & Associates ("KEENAN"), and is subject to your compliance with the terms and conditions set forth below. ("You" and/or "Your" refer to a KEENAN Client and the person(s) to whom a password was assigned by KEENAN). 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 THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE SITE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH THEREIN.

1. Copyright, Licenses and Idea Submissions.
The content of the Site is protected by International Copyright and Trademark laws. The owner of the copyrights and trademarks is KEENAN, its affiliates and/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 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. The commercial use, reproduction, reposting, public transmission or distribution of any information, software, logo or other material available through the Site to third parties for commercial purposes, without the prior written consent of Keenan, is strictly prohibited. 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 service marks 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 control or endorse other information, products or services offered or presented on the Internet. That information is generally 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 exposure

You assume total responsibility and risk for Your use of the Site and the Internet. Keenan shall not be responsible or liable for any unauthorized use of the Site. 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; non-infringement; 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. 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.

While KEENAN believes the content of the Site to be accurate, complete and current, there may be inadvertent technical or factual inaccuracies and typographical errors. KEENAN does not warrant that the information is accurate, complete or current. It is Your responsibility to verify any information before relying on it. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. Please refer to the actual policy or the relevant product or service agreement for the governing terms.

KEENAN may, at any time, for any reason and without notice, make changes to this Site, including its look, feel, format, and content, as well as to the products and/or services as described in this Site. Any modifications will take effect when posted to the Site. By Your continuing use of the Site after changes are posted, You will be deemed to have accepted such changes. KEENAN makes no commitment to update the information and expressly disclaims liability for errors or omissions.

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 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 (a) use of or inability to use the Site, or any information, or transactions provided on the Site, or downloaded from the Site, and/or (b) any delay of such information or service even if KEENAN or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through the site. 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'S liability is limited to the greatest extent permitted by law.

KEENAN also makes no representations whatsoever about any other website which You may access through this one or which may be linked to this Site. When You access a website that is not a KEENAN website, please understand that it is independent from KEENAN, and that KEENAN has no control over the content on that website. In addition, a link to a KEENAN website does not mean that KEENAN endorses or accepts any responsibility for the content, or the use, of such website.

No Professional Advice
The information available on the Site is intended to be a general information resource regarding the matters covered, and is not offered as legal, accounting, or other professional advice. In addition, the information is not necessarily tailored to Your specific circumstance. You should evaluate all information, opinions and advice available on this Site in consultation with an insurance specialist or with Your legal, tax, financial or other advisor, as appropriate.

Confidential Information
Information on this Site has been compiled specifically for You as a client of KEENAN. This would include information which is considered to be confidential by KEENAN, including but not limited to benchmarking. This confidential information shall not be used or disseminated to third parties without the express written permission of KEENAN. All rights have been reserved.

Security
You are responsible for maintaining the confidentiality of Your User Name and Password. You may not share Your Password with or transfer Your Password to any third party. You are responsible for all uses of Your User Name and Password, whether or not authorized by You. You agree to immediately notify KEENAN of any unauthorized use of Your Password or User Name or any other breach of security. However, You could be held liable for losses incurred by Keenan or another party due to someone else using Your User Name or Password.

Information Provided
In Your use of this Site, You agree to enter accurate, true, current and complete information about You and/or Your business into any application screens.

Internet Delays
This site may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. KEENAN is not responsible for any delays, delivery, failures and/or other damage resulting from such problems.

KEENAN shall not be liable nor deemed to be in default for any delay or failure in performance resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, machinery or supplies, vandalism, strikes, or other work interruptions or any similar or other cause beyond the reasonable control of KEENAN

3. Miscellaneous.
Any controversy or claim arising out of or relating to the legal terms governing this Site shall be settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or such other arbitration procedures as may be agreed to in writing by KEENAN and You. Arbitration shall be the exclusive means of dispute resolution between KEENAN and You and KEENAN and Your respective members, agents, employees and officers. Arbitration shall be before a single arbitrator in the County of Los Angeles, California. California law shall be applied and any judgment on the arbitration award may be entered into any court having jurisdiction thereof. 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 the terms and conditions expressed herein shall not be construed as a waiver of any provisions or rights. Neither the course of conduct between You and KEENAN nor trade practice shall act to modify any provision of the terms and conditions herein. You agree to defend, indemnify and hold harmless KEENAN, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of Your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by Your employees or agents, if applicable. KEENAN may assign its rights and duties under this Site to any party at any time without notice to You. You may have other agreements with KEENAN. Those agreements are separate and the terms and conditions contained herein do not modify, revise or amend the terms and conditions of any other agreements You may have with KEENAN.

© 2015 Keenan & Associates License No. 0451271