ONLINE PRESENCE PROVIDERS ("OPP") PROVIDES THIS SITE AND RELATED
SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH
BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
COPYRIGHT INFORMATION
© Copyright 1997- 2007 Online Presence Providers. All Rights Reserved.
This Internet site ("Site") is the property of OPP and/or its affiliates. You may not modify, copy, reproduce,
republish, transmit or distribute in any way any material from this site
("Material"). You may download Material intentionally made available for
downloading from this site for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary notices.
TRADEMARK NOTICE
The OPP logo, and Project Oaktree logo, are trademarks of OPP. All other trademarks, service
marks and logos used in this Site are the trademarks, service marks or
logos of their respective owners.
WARRANTY DISCLAIMER
OPP HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD
PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY
MATERIALS ON THIS SITE. NEITHER OPP, ITS PARENT OR SUBSIDIARY COMPANIES
NOR THEIR AFFILIATES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE
AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THIS SITE AND THE THIRD PARTY SITES.
OPP, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL , EXEMPLARY,
PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE
OR THE THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE
SERVICES.
OPP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, THE
SITES OR THE THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE THIRD PARTY SITES, OR THE SERVERS
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OPP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU (AND NOT OPP) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products or services
discussed or referenced in the Site are available to all persons or in all
geographic locations. OPP reserves the right to limit, in its sole
discretion, the provision and quantity of any product or service to any
person or geographic area it so desires. Any offer for any product or
service made in the Site is void where prohibited.
LICENSE TO OPP
By posting messages, uploading files, inputting data, or engaging in any
other form of communication (a "Communication") through this Site, you are
granting OPP a royalty free, perpetual, non-exclusive, unrestricted,
worldwide license to:
- Use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication; and
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such Communication, including but not limited to rights under
copyright, trademark, servicemark, or patent laws under any relevant
jurisdiction.
CODE OF CONDUCT
While using the Site or Site-related services, you agree not to:
- Restrict or inhibit any other user from using and enjoying the Site and services;
- Post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
- Post or transmit any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component; or
- Post or transmit materials in violation of another party's copyright or other intellectual property rights.
OPP has no obligations to monitor the Site. However, you acknowledge and agree that OPP has the right to monitor the Site and to disclose any information necessary to operate the Site properly, to protect itself and its sponsors and customers and to comply with legal obligations or governmental requests. OPP reserves the right to refuse to post or to remove any information or materials, in whole or in part that in OPP's sole discretion are objectionable or in violation of this Agreement. OPP also reserves the right to prohibit any user who, in OPP's sole discretion, violates this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.
You agree to indemnify, defend and hold harmless OPP, its affiliates and
its sponsors against any and all claims, damages, costs or other expenses
that arise directly or indirectly out of or from (a) your breach of this
Agreement, (b) your violation of the Agreement and/or (c) your activities
in connection with the Site.
MAKING PURCHASES
If you wish to purchase products or services described on the Site, you may
be asked to supply certain information including credit card or other
payment information. You agree that all information that you provide will
be accurate, complete and current. You agree to pay all charges incurred
by users of your credit card or other payment mechanism at the prices in
effect when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your purchases.
MISCELLANEOUS
This Agreement is entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Brunswick in the State of Georgia, and waives any jurisidictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. OPP may
modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.