WELCOME TO O’HAVER + COMPANY. THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT’) GOVERN ALL USE OF O’HAVER + COMPANY SERVICES AND FEATURES. PLEASE READ THIS AGREEMENT VERY CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON BELOW, YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHER, BY CONTINUING TO UTILIZE O’HAVER + COMPANY SERVICES YOU INDICATE THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
GENERAL TERMS OF SERVICE
Registration. You agree to provide accurate, current and complete information to O’Haver + Company when you register and you hereby represent and warrant that all information so provided is accurate and complete in all material respects. You agree to inform O’Haver + Company of any changes to the information provided. Failure to do so may result in termination. As part of the registration process, you will designate a password. You are solely responsible for keeping your password confidential and for all activities that occur under your password or account. You are solely responsible for monitoring your own account and informing O’Haver + Company of any unauthorized use of your password, account, or list created under your account, or any other breach of security as soon as you become aware of such breach.
Cost of O’Haver + Company Service. At present, O’Haver + Company Services is provided at no charge for search by subscribers or other users. O’Haver + Company reserves the right, at any time and in its sole discretion, to begin charging a fee for use of O’Haver + Company Services and/or access to the O’Haver + Company.
Discontinuance of Services. You acknowledge that O’Haver + Company reserves the right to modify or discontinue O’Haver + Company Services, or any features of O’Haver + Company Services, temporarily or permanently, without prior notice to you and you agree that O’Haver + Company is not liable to you should it do so.
Changes to Agreement. O’Haver + Company and all of its Services are provided to you subject to your adherence to the terms and conditions of this Agreement, including any additional operating policies that O’Haver + Company may establish from time to time. O’Haver + Company may modify, amend or make changes to this Agreement in future. Notice of changes will be posted on O’Haver + Company. Your continued use of O’Haver + Company Services will be deemed to constitute your acceptance of amendment any such changes.
Resale of Services / Access. You agree not to resell O’Haver + Company Services or use of/access to O’Haver + Company Services.
DISCLOSURE OF REGISTRATION AND OTHER INFORMATION.
Your privacy is extremely important to us. It is our policy to respect the privacy of our Users. Please read our Privacy Statement. To show our commitment to protecting your privacy and abiding by the Privacy Statement, we make this statement a part of this Agreement by incorporating the Privacy Statement into this Agreement. O’Haver + Company, however, cannot guarantee your privacy or how information or data will be used on other websites, including those websites that you may be able to link to from the O’Haver + Company website.
PROHIBITED CONDUCT.
Prohibited Communications. You agree that you will not use O’Haver + Company’s Services to transmit, disseminate or upload:
* Unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind, or materials, which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone; * Chain letters, junk mail, so-called “spam” or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings; * Viruses or other harmful, disruptive or destructive files; or, * Content containing nudity or pornographic material of any kind.
No Infringement of Rights. You further agree:
1. That you will not disrupt or interfere with another subscriber’s use or enjoyment of O’Haver + Company’s Services;
2. That you will not use or attempt to use another person’s or entity’s account, Services or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, O’Haver + Company’s Services, system resources or accounts, or any servers or networks connected to O’Haver + Company’s Services;
3. That you will not attempt to obtain unauthorized access to O’Haver + Company’s Services, or to private Lists on O’Haver + Company’s Services;
4. That you are solely responsible for your actions in relation to O’Haver + Company’s Services, and for any communications transmitted under your account;
5. That you will not forge header or address information or otherwise impersonate another or create a false identity;
6. That you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, any email addresses, from this site;
7. That you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
8. That you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.
Additional List Specific Prohibitions:
You agree that O’Haver + Company may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account.
TERMINATION.
Termination by O’Haver + Company. You agree O’Haver + Company may, in its sole discretion, change, terminate or bar access to your account or to any List in which you are a subscriber or Moderator for any reason, with or without prior notice to you and without any liability to you or any third party.
Termination by You. You may also terminate your account for any reason. To do so, please send an email to sales@ohaverco.com
Impact of Termination of this Agreement. Termination will prevent you from using O’Haver + Company’s Services and ceases your subscription to all Lists. Termination may result in the deletion of email files in your account, whether or not such messages have been read or sent. You agree that upon termination O’Haver + Company may immediately delete and bar access to any content or files in your account, including email messages, and cancel your subscription to any and all Lists.
Survival. The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification.
PROPRIETARY RIGHTS
Content Available through O’Haver + Company’s Services. Content available through O’Haver + Company — including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third party (collectively “O’Haver + Company Content”), is protected by copyrights, trademarks, Services marks, patents or other proprietary rights or laws. You may not download any O’Haver + Company Content for any purpose what so ever. Furthermore, you may not copy, distribute or create derivative works of such content without express permission and you may not “frame” any O’Haver + Company Content into O’Haver + Company’s site or “frame” content from O’Haver + Company’s site into any other site.
Content Transmitted over O’Haver + Company’s Services. O’Haver + Company does not claim ownership of the text, graphics, software, music, sound, photographs, and videos you transmit through O’Haver + Company’s Services (“Customer Content”). By transmitting Customer Content through O’Haver + Company for distribution to your O’Haver + Company List, you hereby grant to O’Haver + Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Customer Content solely for the purpose of providing O’Haver + Company’s hosting, archiving, subscription, and promotion Services. This license exists only for as long as your List continues to be archived at O’Haver + Company and shall be terminated at the time your O’Haver + Company account is terminated.
SERVICES AVAILABILITY AND CUSTOMER SERVICES. Although O’Haver + Company strives to maintain the availability of O’Haver + Company’s Services twenty-four hours a day, it makes no representation or promise that O’Haver + Company’s Services will always be available, and you agree O’Haver + Company is not liable to you or any third party for the temporary or permanent unavailability of O’Haver + Company’s Services.
PROMOTIONAL MESSAGES
Third Party Advertisements. O’Haver + Company reserves the right to include in each List message an advertisement for a third party. The advertisements typically will be placed before or after the List message. Any revenues received thereby will be the sole and exclusive property of O’Haver + Company. O’Haver + Company does not make any representations or warranties with respect to any such advertisers or any goods or Services that may be obtained from such advertisers, and you agree to hold O’Haver + Company harmless with respect to any Claims associated therewith.
O’Haver + Company Identification. You agree that O’Haver + Company may include a header or footer message in every message, worded and formatted in a size, type and manner to be determined by O’Haver + Company, in its sole discretion, currently such message is a form similar to the following; “O’Haver + Company – http://ohaverco.com/”.
NO ENDORSEMENT. You acknowledge that O’Haver + Company does not endorse the subject matter of any of its Lists or any of the contents of communications transmitted through its Services. You also agree that O’Haver + Company shall not be responsible or liable to you, or to anyone, for the statements or conduct of any third party on or arising from use of O’Haver + Company’s Services.
DISCLAIMER OF WARRANTIES
NO GENERAL WARRANTIES. O’HAVER + COMPANY’S SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF O’HAVER + COMPANY’S SERVICES IS AT YOUR SOLE RISK. O’HAVER + COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NO SERVICE WARRANTIES. O’HAVER + COMPANY DOES NOT MAKE ANY WARRANTY THAT O’HAVER + COMPANY’S SERVICE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS, OR THAT O’HAVER + COMPANY’S SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES O’HAVER + COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF O’HAVER + COMPANY’S SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH O’HAVER + COMPANY’S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF O’HAVER + COMPANY’S SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO PRODUCT WARRANTIES. O’HAVER + COMPANY DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM O’HAVER + COMPANY’S SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH O’HAVER + COMPANY’S SERVICE.
NO INFORMATION WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM O’HAVER + COMPANY OR THROUGH O’HAVER + COMPANY’S SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
WAIVER AND RELEASE. YOU HEREBY AGREE TO WAIVE, RELEASE AND FOREVER DISCHARGE O’Haver + Company AND ITS RESPECTIVE OFFICERS, PARTNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, ATTORNEYS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, SUCCESSORS, ASSIGNS, ALTER EGOS, JOINT VENTURERS, LEGAL PREDECESSORS, AND THEIR RESPECTIVE INSURERS, SURETIES, AND UNDERWRITERS, OF AND FROM ANY AND ALL RIGHTS, FROM ALL CLAIMS, EXPENSES, DEBTS, DEMANDS, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES AND CAUSES OF ACTIONS OF EVERY NATURE, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR IN EQUITY, RELATING TO ANY MATTER WHATSOEVER ARISING OUT OF OR CONCERNING O’Haver + Company’s SERVICE, THE USE OR THE INABILITY TO USE O’Haver + Company’s SERVICE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH O’Haver + Company’s SERVICE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY ADVERTISEMENTS PLACED ON ANY LIST OR CUSTOMER CONTENT OR OTHER INFORMATION TRANSMITTED USING O’Haver + Company’s SERVICE, ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH O’Haver + Company’s SERVICE, ANY LISTS HOSTED BY O’Haver + Company, ANY NON-HOSTED LISTS, ANY O’Haver + Company CONTENT, ANY CUSTOMER CONTENT, ANY TERMINATION, SUSPENSION OR IMPAIRMENT OF O’Haver + Company, O’Haver + Company’s SERVICE, ANY LIST, NON-HOSTED LIST OR ANY RIGHT OF ACCESS TO ANY OF THE AFOREMENTIONED, OR ANY DISCLOSURE OR PERSONAL OR DEMOGRAPHIC DATA TO THIRD PARTIES.
Statute of Limitations. You agree that any claim or cause of action arising out of your use of O’Haver + Company’s Service or this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, not withstanding any statute of limitations or other law to the contrary.
Exclusive Remedy. You hereby acknowledge and agree that under no circumstance shall you be entitled to restrain or enjoin the operations of O’Haver + Company or its providing of any of its Services, it hosting of any Lists or any other form of injunctive relief; it being acknowledged and agreed that your sole and exclusive remedy in the event of any breach by O’Haver + Company of this Agreement shall be limited to discontinuing your use of O’Haver + Company’s Service.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless O’Haver + Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party arising out of or related to your use of O’Haver + Company’s Service or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. O’Haver + Company may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by O’Haver + Company, however, shall not excuse any of your indemnity obligations.
SEVERABILITY. The validity, legality or enforceability of the remainder of this Agreement will not be affected even if one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect.
APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Berkshire County in the state of Massachusetts.