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Legal Notice - Conlon & Co.
©2007 Conlon & Co. All rights reserved.
The content and material contained on this Web site (the "Site") are copyrighted by Conlon & Co. unless otherwise noted. Content may not be reproduced, downloaded, disseminated, published or transformed by any means, except with prior written permission, except as noted in the Terms of Use.
All trademarks, service marks and logos ("Trademarks") displayed and used on the Site are the property of their respective owner. Nothing contained on the Site should be construed as creating any right or license in the user to use any Trademark without the express written permission of the Trademark owner.
This site is made available to you solely for informational, noncommercial use and should not in any way be construed as an offer to sell or provide any goods or services. Conlon & Co. makes reasonable efforts to ensure that all information contained on the Site is accurate and up to date, however cannot guarantee the accuracy, completeness or timeliness of this information.
DRAFT Terms of Use - Conlon & Co.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE "TERMS") CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND Conlon & Co. ("Conlon & Co.").
1. Purpose of this Site
The Conlon & Co. Web Site (the "Site") is made available to the visitor ("You") solely for informational, noncommercial use; nothing herein constitutes an offer to sell, lease, or provide any goods or services.
2. Information Relating to Available Space and Pricing
This Site enables You to access listings of available space and related pricing. While we endeavor to keep these listings accurate and up to date, this information does not in any way constitute an offer by us. If You are interested in leasing space in our buildings, please contact the person listed in the inquiries section within each project page.
3. Information Relating to Employment Opportunities
This Site enables You to access listings of possible employment opportunities with Conlon & Co. and submit resumes and applications online. Before submitting any personal information, please see paragraph 8 below regarding our privacy policy, as well as our privacy policy itself to determine its acceptability to You. Conlon & Co. is an Equal Opportunity Employer and complies with all applicable laws governing employment.
4. Acceptance of Terms
Your use of the Site constitutes your full legal acceptance of each of these terms, both in your individual capacity and as an employee and agent of your employer. You acknowledge that your use of the Site binds You to these terms and conditions to the same extent as if You and a duly authorized representative of your employer had signed this agreement. IF EITHER YOU AND/OR YOUR EMPLOYER (COLLECTIVELY OR INDIVIDUALLY, "YOU") DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.
5. Limited Authorization to Use Protected Material
Conlon & Co. grants You permission to display, download, and reproduce information posted on the Site, ("Information") subject to your agreement to abide by the following conditions: You may display, download, and reproduce the Information solely for non-commercial or business purposes within your organization, and You must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information You display, download, or reproduce. With the exception of the foregoing limited authorization, You are not granted any license to or right in connection with this Site.
This Site may contain or reference trademarks, patents, trade secrets, technologies, products, logos, processes or other proprietary rights ("Intellectual Property"). All such Intellectual Property is the property of its respective owner, which may be Conlon & Co. and/or other parties. Except as otherwise expressly stated herein, You are not granted any license to use, or right in, any such Intellectual Property. Non-compliance, to any degree, with the above terms of use relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of these Terms and immediate forfeiture of the above limited authorization.
6. Accuracy; Limitation of Liability and Exclusion of Warranties
Conlon & Co. makes reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, your use and browsing of this Site is exclusively at your own risk and this Site is provided to You AS-IS.
Conlon & Co. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THIS SITE AND THE MATERIALS CONTAINED HEREIN. Conlon & Co. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THIS SITE.
Conlon & Co. ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.
UNDER NO CIRCUMSTANCES SHALL Conlon & Co. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THIS AGREEMENT EVEN IF Conlon & Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Conlon & Co.'s SOLE LIABILITY HEREUNDER SHALL NEVER EXCEED $500.00.
7. Non-proprietary Treatment of Information You Provide
Any communication You make with Conlon & Co. via this Site will be treated as non-proprietary. Conlon & Co. is free to use any idea, concept, or invention created by You and transmitted to it via this Site notwithstanding any limiting language You may use when transmitting such information. If You do not want Conlon & Co. to use your idea unless it pays You a fee, or agrees to other terms, do not transmit it to Conlon & Co. via this Site.
8. Privacy
Conlon & Co. takes your privacy seriously. Your use of the Site constitutes the acceptance of Conlon & Co.'s Privacy Policy, which is incorporated by reference into these Terms of Use. Please read our privacy policy, which explains how we handle personal data that You send to this Site, if any. Note that any third party Web sites linked to this Site have their own privacy policies, which may or may not differ from our privacy policy. You are responsible for reviewing the privacy policies of these sites to determine if these privacy policies are acceptable to You.
Conlon & Co. reserves the right to change its privacy policy without prior notice. You are responsible for periodically reviewing our privacy policy. Your continued use of the Site will be deemed an acceptance of the privacy policy then in effect.
9. Links to Third Party Sites
This Site may contain links to other Web sites or frame information from other Web sites that are not under the control of Conlon & Co. Conlon & Co. is providing these links and/or frames to You only as a convenience.
Conlon & Co. MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED TO THE Conlon & Co. SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION.
No permission is hereby granted to You to link from any other Web site to any portion of this Site, or to frame any content contained on this Site without Conlon & Co.'s prior written permission.
10. Intended Audience; Local Laws; Dispute Resolution
This Site and the services described on this Site are intended for adult individuals only. Conlon & Co. does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children's internet usage and to caution them against providing personally identifiable information to any Web site over the Internet without permission.
The Site (excluding any linked Web site) is controlled by Conlon & Co. from its offices within the State of New York, United States. This Site can be accessed from all states in the United States, as well as from other countries around the world. Each of these places has laws that may differ from those of the State of New York. By accessing this Site, You agree that all matters relating to access to, or use of, this Site or any other linked Web site, shall be governed by the applicable laws of the State of New York and the laws of the United States of America, without regard to the conflicts of laws principles thereof. You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New York relating to any dispute arising out of your use of the Site.
Your use of this Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree that You shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of New York, United States.
11. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. Miscellaneous
Conlon & Co. reserves the right to modify and add to the Terms at any time without prior notice by posting the new terms and conditions on the Site. You should periodically review these Terms for updates. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new terms as indicated above.
If Conlon & Co., in its sole discretion, determines that a violation of the Terms has occurred, Conlon & Co. may pursue any of its legal remedies. However, the failure of Conlon & Co. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms contain the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Conlon & Co. is committed to providing the best possible experience for users of our Site. If You observe material or behavior that may violate one of the Conlon & Co. Terms, including without limitation material that You believe may be infringing another's rights, please contact Conlon & Co.
EXHIBIT A
Jurisdiction Limiting Disclaimer
The following disclaimer can be added under Section 10 of the Terms of Use:
Nothing on the website should be deemed to be an offer to provide products or services in any jurisdiction in which Conlon & Co. is not registered or exempt from registration. Conlon & Co. is not registered as an investment adviser in any U.S. jurisdiction.
EXHIBIT B
Additional Disclaimers
No Offer of Securities - Disclosure of Interests
Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment fund. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.
No Reliance
While Conlon & Co. uses reasonable efforts to update the information on this site, Conlon & Co makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Opinions forecasts and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.
No Advice
The information contained herein is not investment advice. Conlon & Co. does not represent that any quoted individuals approve or disapprove of the services that Conlon & Co. provides its clients. These quotes were not selected on a performance-based criteria.
Any specific companies or properties listed or discussed do not represent any or all companies purchased, sold or managed by Conlon & Co. One should not assume that companies or properties identified are or will be profitable.
Material to be Consulted in its Entirety
All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Cookies
This website may utilize "cookies". A cookie is an element of data that a website can send to your browser and store on your computer's hard drive. They are used by Conlon & Co to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits). Conlon & Co uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the Conlon & Co website. Conlon & Co does not use cookies to store or transmit any personally identifiable information about you on the Internet.
Note: We noted that the Terms of Use used on the website are noted as “Draft Terms of Use.” The word “Draft” should be removed.
EXHIBIT C
E-Mail Disclaimer
This message, including any attachments (this “message”), may be privileged, confidential or proprietary, and if you are not an intended recipient, please notify the sender, do not use or share it and delete it. Unless specifically indicated, this message is not an offer to sell or a solicitation of any investment products or other financial product or service, an official confirmation of any transaction, or an official statement of Conlon & Co. Subject to applicable law, Conlon & Co may monitor, review and retain e-communications (“EC”) traveling through its networks/systems. The laws of the country of each sender/recipient may impact the handling of EC, and EC may be archived, supervised and produced in countries other than the country in which you are located. This message cannot be guaranteed to be secure or error-free. By messaging with Conlon & Co you consent to the foregoing. This message is subject to terms available at the following link: http://www. www.conlonandco.com/[terms_e-communications]/.
Disclaimer for Website Link
Electronic Communications - Important Terms
Unless otherwise specifically indicated, the contents of this or any e-communication (i.e., e-mail, SMS, instant message, etc.) and its attachments (collectively, this “E-communication”) are for informational purposes only, and should not be regarded as an offer to sell or a solicitation of an offer to buy any investment products or other financial product or service, an official confirmation of any transaction, or an official statement of Conlon & Co.
If you are not an intended recipient of this E-communication, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute any portion of this E-communication. This E-communication is not intended for distribution to, or use by, any person or entity in any location where such distribution or use would be contrary to law or regulation, or which would subject any Conlon & Co affiliate to any registration requirement within such location.
This E-communication may contain privileged or confidential information, or may otherwise be protected by work product immunity or other legal rules. No confidentiality or privilege is waived or lost by any mistransmission. Access, copying or re-use of information by non-intended or non-authorized recipients is prohibited.
The transmission and content of this E-communication cannot be guaranteed to be secure or error-free. Therefore, we cannot represent that the information in this E-communication is complete, accurate, uncorrupted, timely or free of viruses, and Conlon & Co cannot accept any liability for E-communications that have been altered in the course of delivery. Conlon & Co does not waive any intellectual property rights in this E-communication. For your protection, we recommend that you do not send us any individual personal information via nonsecure methods of communication, including via public electronic communication channels, which are generally not secure and could be intercepted by a third party. Information in this E-communication is subject to change without notice and any views or opinions presented are solely those of the author and may not reflect the views of Conlon & Co. Any electronic communication that is conducted within or through Conlon & Co systems will be subject to being archived, monitored and produced to regulators and in litigation in accordance with Conlon & Co policy and local laws, rules and regulations. Unless expressly prohibited by local law, electronic communications may be archived in countries other than the country in which you are located, and may be treated in accordance with the laws and regulations of the country of each individual included in the entire message chain.
The information in this E-communication is not intended to replace a recipient's own internal business processes for evaluating proposed transactions. Recipients should seek financial advice regarding the appropriateness of investing in any securities referred to in this E-communication and should understand that statements regarding future prospects of the instruments or the securities included in them may not be realized. Past performance is not necessarily a guide to future performance.
Conlon & Co does not provide tax, accounting or regulatory advice. Any tax statements contained in this e-communication or any of its attachments were not intended or written to be used, and cannot be used, for the purpose of avoiding U.S., federal, state or local tax penalties. Please consult your advisor as to any tax, accounting or legal statements made herein.
Attachments that are part of this E-communication may have additional important disclosures and disclaimers, which you should read.
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