YOUR USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE. This web site (the "Site"), is published and maintained by O'Malley Seidler Partners, LLC ("OSP"). You can e-mail us at email@example.com. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below.
Your Right to Use the Site and Its Contents
This Site is only for your personal, noncommercial use. You may not distribute, publish, exchange, modify, sell or transmit anything you copy from this Site by any means or media, including, but not limited to, any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, OSP grants you a non-exclusive, non-transferable, limited right to access, privately display and use this Site, without the use of robots, automated scripts, or agents, for your own personal, noncommercial use. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
All materials on this Site, including but not limited to audio, images, illustrations, text and video (the "Content"), are the property of OSP or its licensors and are protected under U.S. and foreign copyright, trademark and other intellectual property laws. You may not use the Content except as expressly specified herein. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, OSP is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You may download one copy only of the Content to be used only by you for your personal use at home. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for User-Supplied Material
This Site may have an area which allows you to upload or submit materials. When using any of these areas, you agree not to upload or submit any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
OSP's Rights to User's Material
If you send any communications or materials to the Site by upload, electronic mail or otherwise, including any audio or visual materials, comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights, including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way OSP uses such material.
Any material submitted to this Site may, without compensation or other obligation to you, be adapted, displayed, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or otherwise used by OSP anywhere in the world, in any medium, forever. Furthermore, OSP is free to use, without any compensation or other obligation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that OSP is not obligated to use any such ideas or materials and you have no rights to compel such use.
You may not link to this Site without the express, prior written permission of OSP. OSP hereby revokes any license to link to the Site which may be implied by its presence on the World Wide Web. Please e-mail us at firstname.lastname@example.org to request permission to link to this Site.
This Site may contain links to other Internet sites on the World Wide Web. OSP provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that OSP approves of, endorses or recommends that site. OSP disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
OSP recognizes the importance of protecting the privacy of personally identifiable information collected about visitors to this Site. As a general policy, no personally identifiable information, such as your name, address or email address, is automatically collected from visitors to this Site. Personally identifiable information about visitors to this Site is collected only when knowingly and voluntarily submitted by you. We may collect certain non-personal information to optimize our web pages for your computer (i.e., the identity of your Internet browser, the type of operating system you use, and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of this Site.
Our Site does not publish content that is targeted to children. If you are under 16, you should ask your parents or a guardian before you e-mail this Site, or ask us to e-mail anything to you, or otherwise send in any information.
OSP's Right to Change These Terms and Conditions of Use or Content on the Site
OSP may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. OSP may add, change, discontinue, remove or suspend any Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You agree to indemnify, defend and hold OSP and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, and successors and assigns (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will cooperate as fully as reasonably required in OSP's defense of any claim. OSP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OSP.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, OSP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OSP'S NEGLIGENCE, SHALL OSP BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF OSP OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OSP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between OSP and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the Federal Courts of United States of America and/or the State Courts located in Los Angeles, California.