astrology-lips-phoneKeen Horoscopes is a Pay-Per-Call service owned by AT&T. Below is the company info provided online.

COMPANY OVERVIEW

As of December 10, 2007, Ingenio, Inc. was acquired by AT&T Inc. Ingenio, Inc. provides solutions that connect customers and businesses using Web-to-phone technology in Internet industry. It offers Pay Per Call, a performance-based online advertising service for businesses to harness the marketing power of Internet search to drive targeted phone calls from ready-to-buy customers; and Live Advice Directories that connect buyers and sellers in real-time e-commerce marketplaces. The company also provides Live!Tracking, a sales and analysis tool that provides critical information to online directories regarding the quantity of phone calls generated from online listings; and Live!Leads that maximizes opportunities for directories, advertisers, and consumers by enabling direct buyer/seller phone connections from commerce-based Web sites. Ingenio, Inc. was formerly known as Keen, Inc. The company was founded in 1999 and is headquartered in San Francisco, California.

Disclaimer

Keen does not evaluate, provide, produce or control the Advisor Services, or the information or exchanges between Members, in any manner. Keen does not provide and is not responsible for any content or information that you receive or share through the Keen Services.

Although Keen Services helps Members connect with one another, Keen does not monitor any communications or information exchanged, and, as a result, does not control, nor is responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said, depicted or written by Members, including without limitation any information contained in Advisor listings or made available through the Keen Site.

You must be at least eighteen (18) years old and capable of entering a binding contract under applicable law to use Keen Services.

By using Keen services and the Keen.com website you agree that you do so at your own risk.

You are solely responsible to select your advisor and determine whether that advisor has the right qualifications and experience for your needs. You must use your judgment to determine when it is necessary to consult with a professional who is local, licensed in your state or country, available in person, or otherwise possesses necessary qualifications.

We do not represent or warrant that any Advisor you select is qualified or licensed to provide the information or advice you seek.

Although Listings may contain verified credentials, the verification services are provided by third parties and Keen does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor.

Advisors are not employees of Keen. Keen is for entertainment purposes only.

You and the advisor are solely responsible for your conversations and communications. Whether or not you rely on any advice or information given is your decision. Keen does not provide and is not responsible for any content or information that you receive or share through the Keen Site.

Keen’s responsibility and liability relating to your use of the Keen Site and the services offered by advisors is limited by the terms and conditions of the Member Agreement

REGARDING INFORMATION RELATED TO FINANCIAL ISSUES

You may not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or any report or analysis concerning securities.

REGARDING INFORMATION RELATED TO HEALTH ISSUES

Health information available from Advisors is general health information and for education purposes only. The Keen Site therein are not to be used for any other purpose. We are not a medical advice line, hospital or medical or clinical facility. Advisors who provide information are not to diagnose illnesses, provide treatments, or prescribe medications through the Keen Site. And by using the Keen, you agree that you shall not use it to seek any of the foregoing. In case of a medical emergency or urgent situation, please see a health care provider or go to the nearest emergency room.

Member Agreement

Last Revised September 12, 2008

Welcome to the Member Agreement. This is a legal agreement between you and Ingneio, Inc., doing business as Keen and hereinafter referred to as “Keen”. If Keen accepts your Member Sign-up Form, you will become a “Member” having access to the Site and Advisor Services only under the policies, terms and conditions below. For convenience, we will refer to the Keen.co.uk and Keen.com websites, Mail (any email you send from your Member account to another Member), phone services (including services available through toll free and other numbers that Keen maintains for access by Members) and any content therein provided by Keen as the “Site.” We will refer to any information, entertainment services and other products or services you may receive from other Members (in their role as Advisors) or their listings on the Site as the “Advisor Services”. Members who enter into the Member Agreement and those who solicit or receive Advisor Services from other Members will be referred to as “Members.” Members who create listings and/or provide Advisor Services will also be referred to as “Advisors.”

The policies, terms and conditions below limit Keen’s liability and obligations to you and allow Keen to change, suspend or terminate your access to and use of the Site and Advisor Services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the Member Agreement by reference and provide additional terms and conditions: Advisor Rules Policy, Payment Policy, Privacy Policy, Feedback Policy, Photo Policy and Anti-Spam Policy. To the extent that there are any conflicts between the terms or conditions in such related policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern.

YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE, BY USING THE SITE AND ANY ADVISOR SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER OR BY POSTING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND ADVISOR SERVICES IS SUBJECT TO THE TERMS OF THIS MEMBER AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS MEMBER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND ADVISOR SERVICES. IF YOU DO NOT ACCEPT THIS MEMBER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ADVISOR SERVICES.

1. Eligibility to use the Site and Advisor Services is limited.

The Site and Advisor Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members.

You shall not use the Site or become a Member if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia

2. You use or provide Advisor Services, and consult with Advisors, at your own risk.

(a) Keen does not evaluate, provide, produce or control the Advisor Services, or information or exchanges between Members, in any manner. Although Advisor listings may contain verified credentials, the verification services are provided by third parties and Keen does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor. Further, Keen does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will Keen be held responsible for any Advisor’s failure to comply with laws or regulations concerning the content of listings. Instead, Keen acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although Keen helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, Keen does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Advisor listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. Keen is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members. Keen recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk. Placement of a Member in a particular subcategory does not mean that they are qualified in any such area or category. Keen assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, Keen urges you immediately to contact the police directly for help. In addition Keen does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person.

(b) Keen does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by Keen. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and Keen bears no responsibility in this regard. In accordance with its Privacy Policy, Keen does not monitor telephone conversations between Members. However, Keen reserves the right to contact Members and review Mail without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Member Agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this Member Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by the agreements contained in that document.

(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release Keen (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations waive their rights under analogous laws, statutes or regulations.

3. Keen may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.

(a) Keen reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after Keen provides Advisors with at least fourteen (14) days notice of the changes by emailing Advisors. If any modification is not acceptable to you, your only recourse is to cease using the Site and Advisor Services. By continuing to use the Site or any Advisor Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.

(b) Without limiting other remedies, Keen may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, Keen may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Keen suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by Keen; (ii) if Keen is unable to verify or authenticate any billing or payment information you provide to Keen; or (iii) if Keen suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Keen or the Site. You have the right to cancel your membership in Keen by filling out the Customer Support form and selecting “Cancel Account” in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Keen.

4. The Site is only a venue for Member listings.

Keen acts only as an interface to facilitate communications initiated between Members. As a Member, you are not an employee, agent or contractor of Keen, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by Keen.

5. You are solely responsible for all use made of the Site and Advisor Services under your password and Member account information and agree to pay for all Advisor Services purchased using your password and Member account information.

(a) The rates for Advisor Services are as set forth in the applicable Advisor listing. “Transaction” means any live or recorded call through the Site initiated using your password and Member account information and any Mail response sent to your Mail account in response to a request for information, entertainment services or other products or services from a Advisor who lists a fee for email responses (each a “Paid Mail”). You hereby authorize Keen to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded calls are calculated based on the per-minute rate listed and the duration of the call, or from time to time may be offered by Keen for a single price listed for a bulk package of time. Time for calls sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded calls are determined based on the listed fee. Fees for Paid Mail are collected immediately upon acceptance of the Paid Mail, regardless of quality or completeness, by the receiving Member and are determined as set forth in the Advisor listings. When purchasing a package of bulk minutes, you authorize Keen to authorize your credit card for the entire price of the bulk package prior to connecting your next call and to subsequently charge your card for the entire cost of the bulk package once your call is connected. You authorize Keen, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.

(b) You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members having access to or use of the Site or Advisor Services in any manner without such individuals first becoming Members and (ii) other Members to use a specific Advisor Service at the same time that you are doing so.

(c) You agree that Keen is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that Keen may use information provided by you as described in the Privacy Policy.

(d) Based on Member account use and other factors identified by Keen in its sole discretion, Keen may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide Keen with additional information that may be requested, you consent to Keen’s disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize Keen to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.

6. In using or accessing the Site or Advisor Services, you agree to comply with the following:

(a ) You (as a Advisor providing Advisor Services) are solely responsible for the content provided and the content on listings created under your Member account.

(b) You (as a Member receiving Advisor Services) will not record or otherwise store any live or pre-recorded voice Advisor Services that you receive through the Site. You (as an Advisor providing Advisor Services) will not record or otherwise store any calls you conduct with a Member. Notwithstanding the foregoing, Advisors may provide pre-recorded voice Advisor Services (each, a “Recorded Listing” as described further on the Help page of the Site) to Members in accordance with the Advisor Rules Policy.

(c) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of Keen, and you will cooperate fully with Keen to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Keen representatives access to any password-protected portions of your Member account.

(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.

(e) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.

(f) You will not use the Site in any manner that harasses another Member or could interfere with any other party’s use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.

(g) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site.

(h) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.

(i) You will not “frame,” “mirror” or otherwise copy any portion of the Site without Keen’s express written authorization.

(j) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to Keen, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

(k) You will not use the Site to solicit Members, to promote any product or services other than the information services described in your Member listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly,” “lose weight now” or “make money surfing the Web”).

(l) You will not transmit “junk mail,” “spam,” “chain letters” or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information.

(m) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(n) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.

(o) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.

(p) You will, when dealing with any matter concerning estate agency or property development business, comply with the Property Misdescription Act of 1991.

(q) You will not use the Site in any manner that promotes medicinal products, the treatment of cancer or venereal disease, or the adoption of children or surrogacy arrangements.

(r) You may not modify, reformat, copy, reverse engineer, decompile, disassemble, display, distribute, transmit, license, create derivative works from, transfer or sell any source code, object code, the Site information, products or services obtained from Keen , except as permitted by this Member Agreement or under applicable laws.

(s) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and Keen policies.

7. As between the parties, Keen shall retain all ownership in the Site including all URLs and any content created or derived from the Site.

Keen shall own all right, title and interest in Advisor Services and the Site, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by Keen, either expressly or by implication.

You understand and agree that (i) You will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to You (ii) that Keen may change Your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) You will have no right, title and interest to any listing name in connection with Keen Services and (iv) that phone numbers, toll free numbers, extensions and listing names may be recycled by Keen to other users of Keen Services if You are not actively using them or Your agreement has been terminated. Further, You hereby grant to Keen, its distribution partners, affiliates and similar third party website/media providers of Keen’s choice the right to use, copy, distribute, display or reference in any media form Your listing information, including without limitation, Your listing name, tags, descriptions, photos, Keen buttons, phone numbers and extensions.

8. If you act as a Advisor, you will comply with and be subject to Keen’s Advisor Rules Policy and Payment Policy.

Keen’s Advisor Rules Policy and Payment Policy are available on the Advisor Rules Policy and Payment Policy pages, and are incorporated into this Member Agreement by reference.

9. Account Maintenance Fee.

Keen may charge an Account Maintenance Fee of two pounds sterling (£2) per month for all Member accounts. However if the Member uses the Member account to purchase advice, information or other products or services, then for a period of twelve (12) months from the date of such use, Keen may waive the Account Maintenance Fee for all active Member accounts.

10. Keen disclaims any warranties or representations regarding the Site and Advisor Services.

THE SITE AND ANY ADVISOR SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. KEEN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, ADVISOR SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Keen makes no representation or warranty that the operation of the Site will be error free. Some jurisdictions do not allow the exclusion of warranty, so the above exclusions may not apply to you.

11. Keen’s liability for your access to and use of the Site and Advisor Services is limited and you are responsible for your use of the Site.

UNDER NO CIRCUMSTANCES WILL KEEN OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR ADVISOR SERVICES, WHETHER OR NOT ARISING AS A RESULT OF NEGLIGENCE AND EVEN IF KEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KEEN AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY KEEN FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) FIFTY POUNDS STERLING (£50). KEEN WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY KEEN, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF ADVISOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, Keen will provide you with written notice of such claim, suit or action. Keen shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.

NOTHING IN THIS MEMBER AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FRAUD OF KEEN

12. Keen prohibits the unauthorized use of copyrighted materials and trademarks.

YOU SHALL NOT USE THE SITE OR ITS ADVISOR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Keen has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances).

Keen Copyright and Trademark Related Policy:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Keen’s Copyright Agent listed below with the following information required under 17 U.S.C. § 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site; (c) 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 Keen to locate the material; (d) Information reasonably sufficient to permit Keen to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; (e) A statement that the complaining party has 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 (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Keen’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Copyright Agent
c/o Keen
182 Howard Street #826
San Francisco, CA 94105

Phone: (415) 248-4000
Fax: (415) 248-4100
Email: copyright@keen.com

Upon receipt of notice as described above, Keen will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Member’s account.

If you believe that your federally registered trademark is being used by an Advisor or Member in a way that constitutes trademark infringement, please provide Keen’s Trademark Agent with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner; (b) Information reasonably sufficient to permit Keen to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address; (c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s); (d) Information reasonably sufficient to permit Keen to identify the use being challenged by the registered trademark owner; (e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.

Upon receipt of notice as described above, Keen will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Advisor or Member in question, if, in Keen’s sole discretion, Keen concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration, unless, prior to such removal, the Advisor or Member in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.

Notwithstanding the foregoing, Keen will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Keen’s Trademark Agent for notice of claims of trademark infringement on or regarding this Site can be reached as follows:

Trademark Agent
c/o Keen
182 Howard Street #826
San Francisco, CA 94105

Phone: (415) 248-4000
Fax: (415) 248-4100
Email: trademark@keen.com

13. Links to Other Websites.

The Site may provide links to websites other than Keen. Such links are provided for reference only, and Keen neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

14. Notice.

Any notice or other communication to be given hereunder will be in writing and given (a) by Keen via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to playfair@keen.co.uk. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.

15. No Assignment.

You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Keen. Any such purported assignment or delegation by you without the appropriate prior written consent of Keen will be null and void and of no force or effect, unless otherwise expressly consented to by Keen at its sole and absolute discretion. Keen may assign this Agreement or any rights hereunder without your consent.

16. Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

17. Arbitration.

Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Keen, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

18. You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and Advisor Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site.

You can request a copy in paper form of this Member Agreement and any other records relating to this Member Agreement or your use of the Site by sending a written request to Keen, 182 Howard Street #826, San Francisco, CA 94105. You understand and agree that this Member Agreement and any notices given pursuant to this Member Agreement are enforceable in electronic format.

19. Miscellaneous.

If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Member Agreement and related policies shall be enforced.

Keen’s failure to act with respect to a breach by you or others does not waive Keen ‘s right to act with respect to subsequent or similar breaches. The failure of Keen to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

References in this Member Agreement to “Member” or “Membership” relate to membership of the Keen community as hosted in the Site. Under no circumstances are the terms of this Member Agreement to be construed as offering membership in the form of shareholdings of any corporate entities such as those comprising the Keen group of companies.

THIS MEMBER AGREEMENT AND ALL MATTERS ARISING FROM IT OR CONNECTED WITH IT ARE GOVERNED BY ENGLISH LAW. This Member Agreement, together with the rules and policies of Keen , constitute the entire agreement between Keen and you with respect to the subject matter hereof.

A person who is not a party to this Member Agreement has no right under the Contracts (Rights of Third Parties) Act to enforce any term of this Agreement. You agree that this Member Agreement and the Member rules and restrictions and policies contained therein, and Keen ‘s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Keen.

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