Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. WHEN YOU USE OUR SITE, YOU ARE AGREEING TO THE FOLLOWING:
THIS WEBSITE (THE “SITE”) IS PROVIDED BY OPEN CHANNELS GROUP, LLC (“OPEN CHANNELS GROUP” or “OCG+”) FOR INFORMATIONAL PURPOSES ONLY BY USING THE SITE, OR BY DOWNLOADING MATERIALS FROM THIS SITE, YOU AGREE TO ABIDE AND BE BOUND BY THE TERMS AND CONDITIONS CONTAINED BELOW AND ELSEWHERE WITHIN THE SITE. IF YOU DO NOT AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THE SITE.
ACCEPTANCE OF TERMS
This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
THE LAWS OF THE STATE OF TEXAS AND U.S. APPLY
This Site is controlled by Open Channels Group, LLC from its offices within the United States of America. Open Channels Group makes no representation that information in this Site is appropriate or available for use in other locations, and access to this Site from countries or territories where the Site’s content is illegal is prohibited. If you access this Site from outside the United States, you do so by your own initiative and you are responsible for compliance with all applicable local laws. The laws of the State of Texas govern these Terms and Conditions of use, without giving effect to its conflict of laws provisions.
USE OF SITE
Except for your non-commercial personal use, the Site may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Site and/or its properties may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information.
CHANGES TO THE TERMS
We reserve the right, at our complete discretion, to change these terms and conditions 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. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
LIMITATION OF LIABILITY
OCG+ and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if OCG+ has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, negligence, or under any other cause of action. For further clarity, in all events, OCG+ and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
DEALINGS WITH VENDORS
We reserve the right at all times to place promotions or banners on the website. Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the website are solely between you and such participant on the Site. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such on the website.
You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formula and processes; rights protecting goodwill and reputation; database rights and rights under licenses and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the website (hereinafter referred to as “Intellectual Property”) are solely owned by us. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
MODIFICATION OF TERMS
We may terminate the website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your cookies or e-commerce account for violation of the letter or spirit of these terms and conditions. We will make every effort to communicate to you the termination period, however we will not be held responsible for failing to notify you, regardless of the reasons.