The Ohanley Group, LLC – Terms Of Service for Thinstaff.com
2. Acceptance of Terms
3. Modification to the Agreement & Website
5. Service Eligibility
6. Rules of Conduct
7. Intellectual Property Rights
8. DMCA Copyright Policy
9. Site Content
10. User Content
11. Linked Third Party Sites
12. How to Order Through the Site
13. Price and Availability of Products
14. Notice to Site Users On Collection of Tax and User Waiver of Damages Owing to Error in Calculation of Tax
16. Risk of Loss
17. Warranty Disclaimer
18. Limitation of Liability
20. Legal Disputes
TERMS OF SERVICE
These Terms of Service (“Terms”) create a legal agreement that is entered into by and between you (“You” or “Your”) and The Ohanley Group, LLC (“The Ohanley Group, LLC” or “We”). In consideration of Your use and access to http://thinstaff.com (the “Site” or “Website”) and the services provided on the Site (“Services”), and the conditions of use, promises, and obligations herein, and intending to be legally bound, You and The Ohanley Group, LLC hereby agree as follows:
Acceptance of Terms
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, You agree to become bound by the Terms of this agreement. If You do not agree to all the Terms of this agreement, then You may not access the Website or use any Services. If these Terms are considered an offer by The Ohanley Group, LLC, acceptance is expressly limited to these Terms.
Modification to the Terms & Website
The Ohanley Group, LLC shall have the right at any time and without prior notice, at its sole discretion, to modify these Terms or to impose new Terms with respect to access to or use of the Site. Such modifications and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the modified or additional terms on the Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect Your rights or obligations hereunder. You agree that You shall be deemed apprised of and bound by any modification by The Ohanley Group, LLC of these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH MODIFICATIONS OR ADDITIONS. No modification to these Terms by any party other than The Ohanley Group, LLC shall be valid or enforceable against The Ohanley Group, LLC unless expressly agreed to by The Ohanley Group, LLC in writing signed by a duly authorized officer of The Ohanley Group, LLC.
The Ohanley Group, LLC’s Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law (“User”). You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. The Ohanley Group, LLC may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use The Ohanley Group, LLC’s Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the User and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content with regard to the Site (“Content” as defined within these Terms). In addition, You must abide by The Ohanley Group, LLC’s Content policies as stated in the Agreement (if applicable to Your activities on or use of the Website) as well as all other operating rules, policies and procedures that may be published from time to time by The Ohanley Group, LLC, each of which is incorporated herein by reference and each of which may be updated by The Ohanley Group, LLC from time to time without notice to You.
In addition, some Services offered through the Website may be subject to additional terms and conditions promulgated by The Ohanley Group, LLC from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep Your password secure. You are fully responsible for all activity, liability and damage resulting from Your failure to maintain password confidentiality. You agree to immediately notify The Ohanley Group, LLC of any unauthorized use of Your password or any breach of security. You also agree that The Ohanley Group, LLC cannot and will not be liable for any loss or damage arising from Your failure to keep Your password secure. You agree not to provide Your User name and password information in combination to any other party other than The Ohanley Group, LLC without The Ohanley Group, LLC’s express written permission.
D. Account Information
You must keep Your account information up-to-date and accurate at all times, including a valid email address.
F. Right to Refuse Services
The Ohanley Group, LLC’s Services are not available to a temporarily or indefinitely suspended User of The Ohanley Group, LLC’s Services. The Ohanley Group, LLC reserves the right, in The Ohanley Group, LLC’s sole discretion, to cancel unconfirmed or inactive User accounts. The Ohanley Group, LLC reserves the right to refuse Services to anyone, for any reason, at any time.
These Terms are effective until terminated by The Ohanley Group, LLC. The Ohanley Group, LLC may terminate these Terms without notice and at any time in connection with the Site. In the event of termination, You are no longer authorized to access the Site. The disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination.
The Ohanley Group, LLC shall also have the right without notice and at any time to terminate access to or use of some or all of the Site, or any features of the Site, or to terminate any User’s access to any Services, use of the Site, or any features of the Site.
Rules of Conduct
In using the The Ohanley Group, LLC website, you agree to not:
A. Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
B. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
C. Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, copyright, misappropriate any trade secret, or other intellectual or proprietary right of any party. As a guideline, You may contribute Content that is only original work that You have created yourself from original elements. This means You cannot use images of celebrities or corporate products, nor images, text, or designs that You have copied from a Website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, You represent and warrant that You have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
D. Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
E. Use the Services to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
F. Upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
G. Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
H. Upload, download, post, email or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. Upload, download, post, email or otherwise transmit false or misleading information;
J. Disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked Websites;
K. Access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
L. Disrupt or interfere with any other User’s enjoyment of the Website or affiliated or linked Websites;
M. Frame the Website within another Website or webpage or link to the Website except as permitted in writing by The Ohanley Group, LLC;
N. Incorporate images or names that would violate a person’s right of privacy or publicity;
O. Use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
P. Transfer Your The Ohanley Group, LLC User account to another party without The Ohanley Group, LLC’s written consent;
Q. Copy, modify or distribute rights or Content from the Website, service or tools or The Ohanley Group, LLC’s copyrights and trademarks; or
R. Harvest or otherwise collect information about Users, including email addresses, without their consent.
You agree that You are responsible for actions and communications undertaken under Your User account. The Ohanley Group, LLC takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to You or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity You or a third party may encounter. You agree to waive any claims against The Ohanley Group, LLC and its affiliates, contractors, agents and employees for losses, damages and injuries that are based on or relate to communications, Content or materials on the Website. You agree to indemnify and hold harmless The Ohanley Group, LLC and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from Your violation of any of the provisions of this Agreement.
Intellectual Property Rights
When accessing or using the Website, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding ownership and use of any intellectual property including copyright, trademark, patent, and trade secret. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding ownership and use of intellectual property including copyright, trademark, patent, and trade secret, and You shall be solely responsible for any violations of any laws and for any infringements or misappropriation of any intellectual property rights caused by any Content You provide, post, or transmit, or that is provided or transmitted using Your User name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with You.
All The Ohanley Group, LLC Content included on the Website and Services, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and Software, is the property of The Ohanley Group, LLC, or licensed by third parties to The Ohanley Group, LLC, and is protected by U.S. and international intellectual property laws. The compilation of all Content on this Website is the exclusive property of The Ohanley Group, LLC, or third parties, and protected by U.S. and international copyright and trademark laws. All software used on this site is the property of The Ohanley Group, LLC or its software suppliers and protected by U.S. and international intellectual property laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Ohanley Group, LLC and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the The Ohanley Group, LLC name or trademarks without the express written consent of The Ohanley Group, LLC. You may not use any direct linking or source-calling of any media presented on this Website.
DMCA Copyright Policy
The Ohanley Group, LLC has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”). The address of The Ohanley Group, LLC’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. *Designated Agent application with US Copyright Office still pending.
Reporting Instances of Copyright Infringement:
If You believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that The Ohanley Group, LLC is capable of finding it and verifying its existence.
3. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and e-mail address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, The Ohanley Group, LLC will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. The Ohanley Group, LLC reserves the right, in its sole discretion, to immediately terminate the account of any User who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If You believe You are the wrongful subject of a DMCA notification, You may file a counter-notification with The Ohanley Group, LLC by providing the following information to the Designated Agent at the address below:
• The specific URLs of material that The Ohanley Group, LLC has removed or to which The Ohanley Group, LLC has disabled access.
• Your name, address, telephone number, and email address.
• A statement that You consent to the jurisdiction of U.S. District Court located in Dallas County, Texas, and that You will accept service of process from the person who provided the original DMCA notification or an agent of such person.
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Your signature.
Upon receipt of a valid counter-notification, The Ohanley Group, LLC will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder that they represents) will then have ten (10) days to notify The Ohanley Group, LLC that they have filed legal action relating to the allegedly infringing material. If The Ohanley Group, LLC does not receive any such notification within ten (10) days, We may restore the material to the Services.
The Ohanley Group, LLC
5850 Granite PKWY STE 215
Plano, Texas 75024
Agent Email: firstname.lastname@example.org
All material on the Site including without limitation all text, images, photographs, graphics, logos, illustrations, descriptions, data, audio, video, messages, files, documents, derivative works, and other materials, whether publicly posted or privately transmitted, provided by The Ohanley Group, LLC, as well as the selection, assembly, and arrangement thereof are referred to collectively as the “Content.”
The Content may contain errors, omissions, or typographical errors or may be out of date. The Ohanley Group, LLC may update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on The Ohanley Group, LLC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by The Ohanley Group, LLC or by third parties that have licensed their use to The Ohanley Group, LLC. The Ohanley Group, LLC disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own. Trademarks, service marks, logos, and slogans displayed on the Site are the intellectual property of either The Ohanley Group, LLC or other third parties. You agree not to display or use such marks without The Ohanley Group, LLC’s prior written permission.
You may view and use the Content only for Your personal information and for no other purpose, and You shall not modify any or all copyright and other proprietary notices. Except as provided in the foregoing, The Ohanley Group, LLC does not grant to You or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on the Site, including without limitation by transferring, downloading, or otherwise copying. The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
You grant The Ohanley Group, LLC a license to use Your Content (“User Content”) and materials You post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Website, You are granting The Ohanley Group, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of The Ohanley Group, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. By posting User Content on the Website, You warrant and represent that You own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
The Ohanley Group, LLC considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise (other than the Content and the tangible items sold on the Website by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and The Ohanley Group, LLC shall not be liable for the disclosure or use of such Material. If, at The Ohanley Group, LLC’s request, any User sends Material to improve the site (for example through the Forums or to customer support), The Ohanley Group, LLC will also consider that Material to be non-confidential and non-proprietary and The Ohanley Group, LLC will not be liable for use or disclosure of the Material. Any communication by You to The Ohanley Group, LLC is subject to this Agreement. You hereby grant and agree to grant The Ohanley Group, LLC, under all of Your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API (Application Program Interface), documentation, or any product or service, without compensation or accounting to You and without further recourse by You.
Linked Third Party Sites
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by The Ohanley Group, LLC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by The Ohanley Group, LLC, and The Ohanley Group, LLC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.
HOW TO ORDER THROUGH THE SITE
After placing an order, You will receive an email from The Ohanley Group, LLC acknowledging that The Ohanley Group, LLC has received Your order (“Order Confirmation”). Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to The Ohanley Group, LLC to buy a product. All orders are subject to acceptance by The Ohanley Group, LLC, and The Ohanley Group, LLC will confirm such acceptance to You by sending You an email confirming the shipment of Your order (the “Shipping Confirmation”).
A contract with The Ohanley Group, LLC will only be formed when The Ohanley Group, LLC sends You the Shipping Confirmation. The contract will relate only to those products whose shipment The Ohanley Group, LLC have confirmed in the Shipping Confirmation. The Ohanley Group, LLC will not be obliged to supply any other products that may have been part of Your order in a separate Order Confirmation. The Ohanley Group, LLC reserves the right to cancel Your order at any time before The Ohanley Group, LLC has accepted it and The Ohanley Group, LLC may rescind our acceptance and cancel Your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. The Ohanley Group, LLC will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, The Ohanley Group, LLC will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on our Site, The Ohanley Group, LLC will normally, at our discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. The Ohanley Group, LLC is under no obligation to provide the product to You at the incorrect (lower) price, even after The Ohanley Group, LLC has sent You an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a pricing error.
On occasion, You may be able to place a product in Your shopping cart and submit Your order for processing, but Your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that The Ohanley Group, LLC may cancel Your order after You have received an Order Confirmation without penalty.
On very rare occasions, You may receive a Shipping Confirmation from The Ohanley Group, LLC, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that The Ohanley Group, LLC may rescind our acceptance and cancel Your order without penalty if The Ohanley Group, LLC is unable to ship the product You ordered due to unavailability.
NOTICE TO SITE USERS ON COLLECTION OF TAX AND USER WAIVER OF DAMAGES OWING TO ERROR IN CALCULATION OF TAX
In states where The Ohanley Group, LLC has no physical presence, The Ohanley Group, LLC is not required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Site. You should consult Your state and local tax laws to determine compliance with tax laws and regulations in Your area. In some states The Ohanley Group, LLC collect and remit sales tax. For purchases where sales tax is applicable You will see the tax calculated on the checkout page before You are asked to confirm the purchase. The Ohanley Group, LLC The Ohanley Group, LLC reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but The Ohanley Group, LLC do not guarantee the accuracy of the amount of the tax The Ohanley Group, LLC represent to You as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items The Ohanley Group, LLC sells. As a result of any error, The Ohanley Group, LLC may over-collect or under-collect Your tax. In consideration of our allowing You access to and use of the Site, and in collecting and remitting taxes required on Your purchases, You hereby waive Your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless The Ohanley Group, LLC, its officers, directors, employees, agents and representatives, for any harm or other damages You may incur as a result of our error in calculating the taxes You owe for Your purchases.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, Your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, The Ohanley Group, LLC endeavors to ship out individual packages together so that they arrive at the same time; however, when that is not possible, The Ohanley Group, LLC commences shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to You that Your order has ”shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased from The Ohanley Group, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon tender of the item to the carrier.
Your access to and use of the Services or any Content is at Your own risk. The Ohanley Group, LLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, OR MATERIALS. The Ohanley Group, LLC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE.
Please note that some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL The Ohanley Group, LLC, ITS SERVICE PROVIDERS, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF The Ohanley Group, LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IN NO EVENT SHALL The Ohanley Group, LLC, AND (AS APPLICABLE) The Ohanley Group, LLC’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR The Ohanley Group, LLC’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, The Ohanley Group, LLC’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The Ohanley Group, LLC’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF The Ohanley Group, LLC’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO The Ohanley Group, LLC IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold The Ohanley Group, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content You submit, post, transmit, modify or otherwise make available through the The Ohanley Group, LLC, Your use of the The Ohanley Group, LLC, Your connection to the The Ohanley Group, LLC, Your violation of the Terms Of Service, or Your violation of any rights of another.
You and The Ohanley Group, LLC agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as You and The Ohanley Group, LLC otherwise agree in writing. Before resorting to arbitration, We strongly encourage You to contact us directly to seek a resolution.
These terms and conditions and Your relationship with The Ohanley Group, LLC shall be governed by and construed in accordance with the laws of the state of Texas, without resort to its conflict of law provisions. Any dispute relating in any way to Your visit to the Website or to the Services or products You purchase through the Website shall be submitted to confidential binding arbitration in Dallas County, Texas for the maximum judgment enforceable, except that to the extent You have in any manner violated or threatened to violate our intellectual property rights, The Ohanley Group, LLC may seek injunctive or other appropriate relief in any state or federal court in Dallas County, Texas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Dallas County, Texas. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association (AAA). If you and The Ohanley Group, LLC cannot agree on an arbitrator, the AAA shall select a single arbitrator who is a lawyer with at least 10 years of experience regarding Internet business. There shall be no discovery including no depositions or written interrogatories or requests for production, and the hearing shall be commenced within 60 days of the appointment of the arbitrator. The hearing shall last no more than 4 hours, and the arbitrator shall issue a standard award within 14 days following the hearing. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and The Ohanley Group, LLC each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim is initiated in court rather than in arbitration We each waive any right to a jury trial.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Last Updated 07/01/2017