IMPORTANT: You are responsible to read the following Terms of Service (Agreement) carefully before accessing or otherwise using this internet site owned by O’Malley & Co. (Company). If you do not fully agree to become a party to this Agreement as set forth in this document, you do not have permission to access or otherwise use this site and should immediately exit from it. If you do not, you are hereby notified that you are in violation of this Agreement and applicable laws and regulations.
The following legally binding terms and conditions apply to you or where applicable the organization you represent.
By accessing or using this site in any way or for any reason whatsoever, either intentionally or accidentally, you automatically confirm that you fully understand and agree to the following terms and conditions.
The Privacy Statement for this site is a separate document and is hereby incorporated into this Agreement. By accepting and agreeing to these Terms of Service, the person registering and if applicable the organization he or she represents hereby accepts and agrees with the Privacy Statement for this site.
Non-exclusive English-Speaking License
As a user (non-subscribing visitor) or subscriber you are hereby granted a non-exclusive user license for the non-commercial use of this internet site, its contents, products, and services except as expressly permitted elsewhere in this Agreement (See below the Supplemental Terms & Conditions Applicable to Publishers and Broadcasters.) on the site, or through a separate Agreement between you and the Company.
As a user or subscriber, you are expected to be conversant in English or arrange for suitable and accurate translation if a translation service is not provided by the Company.
The Company affirms that the fair use doctrine under U.S. copyright law applies to the use of this site and its contents. For your convenience, you may read the official summary here: http://www.copyright.gov/fls/fl102.html.
Except in accordance with the fair use provision of U.S. copyright law, and as provided for elsewhere in this Agreement, commercial use of this site and its contents are strictly prohibited without the expressed written permission of the Company.
Your non-exclusive license may be suspended or revoked by the Company with or without notice should your use of the site violate these terms and conditions. Other legal remedies may be sought by the Company against you if you violate this Agreement.
Your non-exclusive license is an individual one unless the Company agrees in writing otherwise as specified elsewhere in this Agreement.
The Company reserves the right to add, modify or discontinue any product, service, or feature of this site with or without notice to you and for any reason whatsoever unless the Company has expressly agreed in writing otherwise.
Supplemental Terms & Conditions
There may be other terms and conditions posted on this website that apply to certain parts of this website or certain products or services offered through it. These supplemental terms and conditions, regardless of title, are hereby incorporated into this Agreement.
This site provides access to a variety of products and services intended for use by adult citizens of the United States of America (USA) who are at least 13 years of age unless children are under the direct and active supervision of a parent, guardian, or teacher.
Republishing, Broadcast, and Distribution Rights
Republishing, broadcasting, and distribution of the contents of this site, except under the Fair Use provision of applicable copyright laws, is strictly prohibited unless the Company expressly agrees in writing otherwise on this site or in another written agreement.
Subscription or Membership
PAYMENT: If you choose to become a paid subscriber or member, the amount due is payable in U.S. dollars (USD) via a valid major debit or credit card acceptable to us and our processing service. The subscription begins when the order is accepted and, where applicable, the payment is processed.
SALES & VAT TAX: Sales and VAT tax may be due and payable in accordance with applicable tax laws and regulations. The amount of the tax is to be added to the order or paid in arrears, whichever applies.
RENEWAL: Paid subscriptions auto-renew at the current offer price and are billed per the subscriber’s account preference.
CANCELLATION: A subscriber may cancel a subscription at any time. A refund, if any, is processed in accordance with the subscription offer applicable to your subscription.
Upon cancellation, you may request that your personal information be deleted by sending your request to the address listed below.
Archiving of Content
Some content on this website is stored indefinitely while other content is removed with or without notice at the discretion of the Company or its authorized representative. No guarantee or warranty, either expressed or implied, is made with regard to the length of time any content may be available on this site.
Restrictions on Use
This site is intended for use subject to the terms and conditions of this Agreement and in accordance with all applicable laws.
No content from this site is to be published, broadcast or distributed on any site, on any program, or anywhere else that contains pornography or any form of sexually explicit or profanity-laced content, un-American or anti-American sentiments, cause or activity, or any unlawful activity.
You agree that you will not use or cause to be used any robot, spider, or other automatic device, or manual process to monitor or copy this site’s content without the written permission of the Company.
The following are strictly prohibited except as outlined below for customers of our syndication services (publishers and broadcasters licensed under this Terms of Service), or allowed by law of appropriate jurisdiction, or by written Agreement of the Company:
- data extraction
- data mining
- commercial use of any kind
Copyrights, Trademarks, and Other Intellectual Property
All content on this site, including site design, code, text, graphics, interfaces, and the selection and arrangements thereof, is the property of the Company with all domestic and international rights reserved or is the property of third parties protected by their intellectual property rights.
We respect the property of others. All logos, brands, trade names, and trademarks found on or through this site are the property of the respective owner(s). Beyond that which is provided under the Fair Use provision of applicable copyright laws, you agree not to use them without the written approval of the respective owner(s).
You also agree not to use or cause to be used the Company’s property, or the property of others, in any way whatsoever that may cause confusion in the marketplace; or in any manner that is likely to discredit or otherwise cause harm to the products, services, goodwill, or reputation of the Company.
If you believe that any material on this site infringes upon your property rights or the property rights of others, or the rights of someone else, then please promptly notify us with all pertinent information by registered mail at the address listed below. Your notice is to include the following:
- The details of any such claim including screen shots or other tangible proof of the validity of the claim.
- Reasonable proof that you own or represent the owner of the property in question.
- The contact information reasonably necessary to get in touch with you including your legal name, daytime phone number, email address, and USPS address.
- The following statement is to be included in your claim exactly as shown: “I am filing this claim in good faith with the understanding that a false claim could result in legal action against me including liability for any expenses and damages that may result from a falsified claim.”
- Your notarized signature at the bottom of your written notice including the statement and information outlined above.
No Implied Endorsement
By displaying or allowing to be displayed on this site the products, services, trademarks, etc., or the links to other sites, the Company does not imply, directly or indirectly, that it necessarily endorses or recommends them in any way whatsoever. This includes mentioning any of these in any content on this site.
Sponsors, Advertisers and Affiliations
The Company may accept paid and unpaid sponsorships and advertisements. The Company may also enter into paid and unpaid affiliate relationships with third parties. For these and other business arrangements the Company may receive tangible or intangible benefits including cash compensation.
Regardless of the type of relationship we have with any third-party, we strive not to allow any such relationship to impair our judgment.
This site may include links to third-party sites. Third party sites are not a party to this Agreement. You acknowledge that the Company is not responsible in any way whatsoever for a third-party site or your access or use of third-party sites. Before using a third-party site, be sure to read its privacy statement and terms of service agreement.
You are responsible to contact the third-party site if you have any problems, concerns, or any other matter pertaining to your access and use of it.
Appropriate Behavior Required
This site and its content are for general audiences and in particular ladies and gentlemen who act appropriately and politely toward one another. If you post or cause to be posted on this site any view, opinion, comment, suggestion, content, or other information, deemed inappropriate by the Company or its authorized representative, access and use of the site may be subject to suspension or termination with or without notice.
The decision to terminate or suspend access is made at the sole discretion of the Company or its authorized representative. If an appeal is made it is to be decided at the sole discretion of the Company’s chief executive officer, regardless of job title, whose judgment is final on the matter.
Examples of inappropriate behavior include the following: illegal discrimination, personal attacks, profanity, extreme rudeness, unpatriotic statements, sexual content, and disrespect shown the otherwise good reputation of an individual, company, institution, etc.
Minimum Equipment and Conditions Required
To use this site as intended by the Company, you are responsible keep your reading device (computer, tablet, mobile device, etc.), software, and internet connection up to date and in good working condition. You are responsible to pay all related fees and expenses. We are not responsible for any incompatibility or other technological problems of any kind whatsoever.
Suspension and Termination
To the full extent allowed by law and at its sole discretion, the Company reserves the right to refuse service or sell a product to any individual, company, or organization. Likewise, it reserves the right to terminate service with or without notice to anyone who may be or is in violation of this Agreement. At the sole discretion of the Company or its authorized representative, exceptions may be made for relatively insignificant or unintentional violations.
Interruption of Service
In the event of an unplanned interruption of service, the Company is not responsible for or incur any liability whatsoever for the incident except for a prorate adjustment in the respective cost or fee for service (liquidated damages). These liquidated damages are your sole remedy.
You must submit a request for any such adjustment to the Company within 30-days of the incident or your claim is invalid.
By your accessing or otherwise using this site, you acknowledge and agree that the Company does not guarantee continuous, uninterrupted access to this site. Even though we strive to avoid any problems, you understand and agree that this site may be unavailable or impaired at any time and for any length of time.
The Company reserves the right to suspend or terminate this site with or without notice for any reason whatsoever. If the Company does so then it shall promptly issue a refund for any unexpired term of your subscription or membership on a pro rata basis.
Access and use of this site is provided on an “as is” and on an “as available” basis. This applies equally to other sites you may visit via links on this site. Even though we strive to deliver high quality, error-free products and services, the Company does not represent or warrant their accuracy, reliability, other qualities, or suitability for any purpose.
The Company disclaims any implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
From time to time the Company may post content to this site which pertains to legal, financial, tax, health, or other matters. All information on this site is for the convenience of the user and general information purposes. It is not to be deemed individual or professional advice of any kind whatsoever. In such matters, the user is solely responsible to seek the advice of a competent licensed professional.
Some legal jurisdictions do not allow some of these exclusions. In any such case they may not apply they may not apply to you.
Limitation of Liability and Indemnification
The Company is not liable for any damages whatsoever, and in particular the Company is not to be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, whatsoever arising out of or related to the access and use of this site and any site linked to it except as provided elsewhere in this Agreement. You agree to hold harmless the Company from any and all liability arising from or related to your access or use of this site, or your inability to access or use this site. The same applies to any site linked from this one.
To the fullest extent allowed by law, you agree to indemnify and hold harmless the Company, its shareholders, directors, parents, subsidiaries, affiliates, officers, and employees, from and against any claim or demand, including reasonable attorneys’ fees and costs, related to or arising from your access or use of this site at any time or for any reason, and in any manner whatsoever.
Some legal jurisdictions do not allow the above limitations and indemnification provisions. In any such case they may not apply they may not apply to you.
As a user of this site you are responsible to know, understand, and comply with all applicable USA laws and regulations. You agree that you are not to use this site in any way that is not in compliance with all applicable laws or regulations.
International Use and Storage
If you access or use this site from outside of the USA, you are responsible to use this site in strict compliance with all applicable local laws and regulations regardless of your citizenship.
If you are not a citizen of the USA, you agree that you will access or use this site only in accordance with all applicable laws and regulations of the country(ies) of your citizenship.
The Company or one of its service providers may store some of the Company’s data including any of your personal information outside of the USA. You agree to have your personal information imported and stored at the Company’s discretion and designated location(s) which may or may not be in the country(ies) of your citizenship.
Governing Law and Jurisdiction
The laws and regulations of the State of Texas and the USA respectively govern the access and use of this site except when there is an applicable conflict in jurisdiction in which case it may be governed by the prevailing jurisdiction.
The Company may update or otherwise revise this Agreement at any time with or without notice. When a change is made it is our policy to post the revision and effective date at the top of this document. A revised version of this Agreement is effective when it is posted on this site unless it specifies otherwise. We encourage you to check periodically to see if a revised version is in effect.
Regardless, whenever you access or use this site, you hereby acknowledge and agree to the then current version of this Agreement.
You hereby acknowledge that you have many choices when using the internet, and that the Company’s site, products, and services are just examples of the many similar products and services. So as a use of the Company’s site, products, or services you hereby expressly acknowledge that you have many choices.
To help keep the Company’s costs low and likewise the price of its products and services, the following dispute resolution provision applies to this Agreement. Alternative dispute resolution is incorporated into this Agreement as a means to not only keep the price of the Company’s products and services low but to reduce the direct and indirect cost of resolving any dispute, claim, or controversy that may arise between you and the Company.
To the full extent allowed by applicable law, any dispute, claim, or controversy (Dispute) arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of it, including but not limited to the determination of the scope or applicability of this Agreement to mediate or arbitrate, is to be promptly determined first by direct discussions and negotiations.
If any portion of the Dispute remains unresolved, then you and the Company agree to promptly attempt to settle it through mediation.
If any portion of the Dispute still remains unresolved, then you and the Company agree to promptly settle it through binding arbitration. You agree not to become party to any class or group action against the Company.
Mediation and arbitration under this Agreement is to be administered by JAMS (www.jamsadr.com) in accordance with its expedited domestic or international rules and procedures, whichever apply, with a qualified, competent, and neutral mediator and arbitrator hearing the case. The proceedings shall be held within the Greater San Antonio or Austin , Texas regions unless agreed to otherwise between you and the Company. JAMS is hereby authorized to use whatever procedures, technology, and means of communication, including virtual proceedings, to expedite the proceedings and minimize the related costs.
Judgment on the mediation or arbitration award may be entered in any court of law having jurisdiction.
This provision does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The mediator and arbitrator may include in any award the reasonable legal fees and costs of any party who is judged to be involved in the case for a frivolous, predatory, or vindictive cause or reason.
By accessing or using this site, you automatically affirm that you acknowledge, understand, and agree to this dispute resolution provision. You further agree that you are freely and automatically giving up your right to settle any such dispute, claim, or controversy in a court of law, or in a trial by jury, and in any class or group action claim or lawsuit.
If, by whatever means and for any reason whatsoever it is determined that the Company is liable for damages or any form of compensation to you, in no event shall the total of all damages of any kind whatsoever exceed the sum of $100 or the total of any net subscription or membership fees paid to the Company within the previous twelve months, whichever is greater, as liquidated damages. This sum is in addition to any applicable refund of subscription or membership fee as provided for otherwise in this Agreement.
Other Terms & Conditions
These terms and conditions represent the entire Agreement between you and the Company on the topic and supersede any other.
If, for any reason, any part of this Agreement is deemed unlawful, void, or unenforceable by an appropriate jurisdiction, that part is to be considered automatically deleted or amended to the extent necessary to bring this Agreement into full compliance. All other parts are not to be affected, and are to remain valid and enforceable.
If for any reason the Company does not exercise any of its rights under this Agreement, at any time and for any reason, it maintains the right to do so in the future at its sole discretion.
In the event of the sale, merger, acquisition, division, or liquidation of the Company, and at its sole discretion, the Company may assign this Agreement to a third-party. This Agreement survives any such assignment to a third-party who automatically becomes the Company under this Agreement.
Headings in this Agreement are for convenience only and do not have any legal meaning.
Authorship of this Agreement is not to prejudice its interpretation.
You are responsible to read the Privacy Statement for this site via the navigation tab labeled “Privacy.” The current Privacy Statement or policy is a supplement to this Agreement and is an integral part of it. Any conflict exists between it and this Agreement are to be resolved in favor of this Agreement’s terms and conditions.
This Agreement is in addition to and does not supersede any other individual written agreement between you and the Company. Should there be any conflict between any such individual agreement’s terms and conditions and those of this Agreement, the terms and conditions of your individual agreement shall prevail.
You are to direct any legal notice, question, or other matter pertaining to this Agreement to the following address:
O’Malley & Co.
17460 I-35 #430
Schertz TX 78154
However, please be advised that since we are not lawyers we do not and can not provide legal advice. Refer any legal questions to your legal counsel.