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Site Terms and Conditions of Use
-IMPORTANT-
Read This Carefully
Before Using This Web Site. THIS IS A LEGAL AGREEMENT BETWEEN YOU
AND O2 CONSULTING GROUP, LLC. By accessing, browsing and/or using
this web site, you acknowledge that you have read, understood, and
agreed, to be bound by these terms and to comply with all applicable
laws and regulations. If you do not agree to these terms, do not use
this web site.
This Web site may
contain other proprietary notices and copyright information, the
terms of which must be observed and followed. Information on this
Web site may contain technical inaccuracies or typographical errors,
for which O2 CONSULTING GROUP assumes no liability.
Information may be changed or updated without notice. O2
CONSULTING GROUP may also make improvements and/or changes in the
products and/or the programs described in this information at any
time without notice.
O2 CONSULTING GROUP assumes no responsibility regarding the
accuracy of the information that is provided by O2 CONSULTING GROUP
and use of such information is at the recipient's own risk. O2
CONSULTING GROUP provides no assurances that any reported problems
may be resolved with the use of any information that O2 CONSULTING
GROUP provides. By furnishing information, O2 CONSULTING GROUP does
not grant any licenses to any copyrights, patents or any other
intellectual property rights.
You acknowledge that O2 CONSULTING
GROUP, its licensors and/or contributors of Content to the Site
(collectively "Content Owners") have and shall retain
exclusive ownership of all proprietary rights in or to such Content,
including the format and presentation thereof. You shall have no
right or interest in any Content except the right to use the Content
as set forth in these Terms Conditions of Use. You acknowledge that
the Site and the Content has been created, compiled, prepared,
selected and arranged by the Content Owners through the expenditure
of substantial time, effort and money, and that it constitutes the
valuable property and confidential copyrighted information of the
Content Owners ("Proprietary Information"). You agree to
take all necessary precautions to maintain the confidentiality of
such Proprietary Information, to comply with all copyright,
trademark, trade secret, patent, contract and other laws necessary
to protect all rights in the Proprietary Information, and to not
remove, conceal or obliterate any copyright management information
or other proprietary notice included in the Content.
IF YOU CAUSE A TECHNICAL DISRUPTION OF
THE SITE OR CONTENT OR THE SYSTEMS TRANSMITTING THEM TO YOU OR
OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES,
COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT
DISRUPTION.
LIMITED LIABILITY. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND
UNDER NO LEGAL THEORY SHALL O2 CONSULTING GROUP, ITS DISTRIBUTOR(S),
AFFILIATES, OR THE CONTENT OWNERS HAVE ANY LIABILITY WITH RESPECT TO
ANY CLAIMS FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF, OR
INABILITY TO ACCESS OR TO USE THIS WEB SITE, EVEN IF O2 CONSULTING
GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
ACCESS AND USE THIS WEB SITE AT YOUR OWN RISK AND SPECIFICALLY
RELEASE O2 CONSULTING GROUP, ITS DISTRIBUTOR(S), AFFILIATES AND THE
CONTENT OWNERS FROM ALL LIABILITY.
INDEMNIFICATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, REIMBURSE AND DEFEND O2
CONSULTING GROUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AFFILIATES, AND THE CONTENT OWNERS FROM AND AGAINST ANY AND ALL
CLAIMS (WHETHER ASSERTED DIRECTLY OR INDIRECTLY), LOSSES, DAMAGES,
LIABILITIES, OBLIGATIONS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, SETTLEMENT, ATTORNEYS' FEES AND LEGAL COSTS ARISING FROM
THE DEFENSE OF ANY ACTION OR THREATENED ACTION) ARISING FROM, OR
PERTAINING TO, THIS AGREEMENT OR USE OF THIS WEB SITE. O2 CONSULTING
GROUP LLC., RESERVES THEIR RIGHTS TO DIRECT THEIR OWN DEFENSE.
THIS SECTION SHALL
SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Governing Law,
Arbitration and Miscellaneous Provisions. This is the entire
Agreement between you and O2 Consulting Group, LLC, and supersedes
any prior agreement, whether written or oral, relating to the
subject matter of this Agreement. The parties disclaim the
application of the United Nations Convention on the International
Sale of Goods.
This Agreement
shall be governed by and interpreted in accordance with the laws of
the State of
New Jersey
,
U.S.A.
as if entered into by
New Jersey
residents, and executed and performed entirely in
New Jersey
.
In the event of a
dispute or claim arising under, pertaining to the interpretation or
enforcement of any provisions of, or any obligations or liabilities
arising from this Agreement, then the dispute or claim shall be
resolved by binding arbitration pursuant to written notice to the
other party and subject to the Commercial Arbitration Rules of the
American Arbitration Association. Written notice of the
dispute or claim must be given within thirty (30) days of the date
when the dispute or claim first arose ("Notice"). The
arbitration shall be conducted by a panel of three (3) arbitrators
-- one appointed by O2 Consulting Group, LLC, one appointed by you
and the third selected by the mutual agreement of the appointed
arbitrators. The third arbitrator so selected shall be
referred to as the "Neutral Arbitrator." Should
either party fail to appoint an arbitrator within five (5) business
days of the issuance of the Notice, then the appointed arbitrator
shall serve alone. The decision of the majority of the
arbitrators (or the sole arbitrator in the event that a party fails
to make an appointment timely) shall be binding on the
parties. The arbitration shall be held in
Philadelphia
. Except as provided in this paragraph, each party shall pay
its own costs and fees, including those of the arbitrator appointed
by said party, and shall share equally in the costs and fees of the
Neutral Arbitrator. You shall bear all O2 Consulting Group’s fees
and costs, including reasonable attorneys' and arbitration fees, in
the event that a verdict or other judgment is entered in favor of O2
Consulting Group, LLC. Judgment may be entered on any award by any
court of competent jurisdiction. The parties' agreement to
arbitrate shall be governed by the United States Arbitration Act, 9
U.S.C. §§1-15, notwithstanding any other provision to the
contrary.
In the event that
the arbitration provision is challenged or found not to be
enforceable, the parties consent to the jurisdiction and venue of
the Federal and state courts in or for
Burlington County
,
New Jersey
in any action on, related to or mentioning this Agreement.
If any provision of this Agreement is
ruled invalid, such invalidity shall not affect the validity of the
remaining portions of this Agreement.
We reserve the right, in
our complete and sole discretion, to change these Terms of Service
at any time by posting revised terms on the Site. It is your
responsibility to check periodically for any changes we may make to
these Terms and Conditions of Use. Your continued use of this Site
following the posting of changes to these terms or other policies
means you accept the changes.
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