OGInfo.com Website terms of use Agreement
Oil and Gas Reporting Service, Inc. ("OGInfo.com"), with its principle place of business located at 101 N. Shoreline Blvd, Corpus Christi, Texas 78401, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the O&GI WEBSITE, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this SUBSCRIBER AGREEMENT (the "Agreement"). You hereby acknowledge and agree as follows:
1. The O&GI WEBSITE. OGInfo.com currently provides users with access to a collection of on-line resources, including, various communications tools, online data retrieval, shopping services, personalized content and branded programming through its network of properties ("O&GI WEBSITE"). Unless explicitly stated otherwise, any new features that augment or enhance the current O&GI WEBSITE website, including the release of new OGInfo.com properties shall be subject to this Agreement. You understand and agree that the O&GI WEBSITE is provided "AS-IS"
The "O&GI WEBSITE" includes, without limitation,
(a) OGInfo.com's on-line computer system including all electronic databases and services accessed by or through OGInfo.com's on-line computer system, and individual items within those databases or services which may constitute independent works of authorship;
(b) all documentation, including user manuals, operations manuals and the like provided to you by or for OGInfo.com for use in connection with the access software and the on-line computer system; and (c) any other software, product, service, data or information provided by OGInfo.com or obtained through OGInfo.com's on-line computer system (collectively referred to herein as "information"). The O&GI WEBSITE may only be used by persons agreeing to the terms of this Agreement or another agreement reached between OGInfo.com those persons and OGInfo.com ("Licensed Users")
2. Ownership and Use. a. The O&GI WEBSITE is the valuable, exclusive property of OGInfo.com or its licensors, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The O&GI WEBSITE is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute or publicly display The O&GI WEBSITE or any portion thereof in any manner whatsoever without OGInfo.com's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the O&GI WEBSITE.
b. You may store in the memory of your computer and may manipulate, analyze, reformat, printed and/or display for your use only the information received or accessed through the O&GI WEBSITE pursuant to this Subscriber Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of OGInfo.com, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the O&GI WEBSITE, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity. Specifically, any person who uses the O&GI WEBSITE to transfer information to another person or entity who is not a Licensed User of the O&GI WEBSITE shall be in breach of this Agreement. For example, a person who has an individual account and is employed by a corporation may not transfer information to the corporation or to other persons at the corporation without those others being a Licensed User.
c. You agree not to attempt any reverse engineering of any of the O&GI WEBSITE. You also agree not to decode the signals used by OGInfo.com in transmitting any information for any purpose. d. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the OGInfo.com site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to OGInfo.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of OGInfo.com or the appropriate third party.
3. Fees and Payments; Charges in the O&GI WEBSITE. a. In consideration of your use of the O&GI WEBSITE and the license granted in this Subscriber Agreement, you shall pay OGInfo.com any and all amounts, if any, owing pursuant to this Subscriber Agreement via an automatic debit to your credit card pursuant to the information and authorization you provide. Any sales or use taxes will be payable by you, if applicable. Your use of the O&GI WEBSITE will be subject to any credit limits established by or for your credit card issuer or, where direct billing is applicable, by limits established by OGInfo.com. Further, you will pay a late charge equal to the lesser of one percent (1%) per month, or the maximum rate permitted by applicable law, on any and all payments owing under this Subscriber Agreement that become thirty (30) days past due.
b. The rate schedule and plans in effect at the time of executing this Subscriber Agreement are displayed on-line during your initial use of the O&GI WEBSITE; however, the fees reflected in the rate schedule are subject to change upon thirty (30) days notice to you. Any such amended rate schedule shall be deemed accepted by you if you use the O&GI WEBSITE (or any portion thereof requiring additional fees) in any manner after the effective date of such changes. OGInfo.com reserves the right to modify these terms and conditions of this Subscriber Agreement and the O&GI WEBSITE. OGInfo.com shall use reasonable efforts to notify you (including by facsimile, newsletter, or, if available, network message) in advance of or concurrent with such change. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the O&GI WEBSITE. OGInfo.com may also add, withdraw or modify databases within the O&GI WEBSITE or services provided through the O&GI WEBSITE at any time in its sole discretion. All notices and statements described above shall be displayed on-line, and such display shall constitute effective notice under this Subscriber Agreement on the day OGInfo.com places them on the O&GI WEBSITE.
4. Password Disclosure. If, at any time, you learn or suspect that your password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify OGInfo.com at 361 904-0071 or 337 289-5488/5481 and to confirm such notice in writing or by email at support@OGInfo.com. within seventy-two (72) hours. Upon receiving such notice, OGInfo.com will assign a new password to you within a reasonable period of time. Reissuance and reactivation of such passwords may be subject to OGInfo.com's standard charges.
5. Delays in Services. Neither OGInfo.com nor any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. OGInfo.com shall have no responsibility to provide you access to the O&GI WEBSITE while interruption of the O&GI WEBSITE due to any such cause shall continue
6. Termination. This Subscriber Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
a. upon thirty (30) days written notice by either party of its intent to terminate this Agreement;
b. immediately by OGInfo.com if you fail to make any applicable payment to OGInfo.com, its services providers or service sponsors when due or your automatic credit card debit is denied for any reason;
c. immediately by OGInfo.com for any unauthorized access or use by you, including, without limitation: (i) concurrent access of the O&GI WEBSITE with identical user identification numbers; (ii) permitting another person or entity to use your user identification number to access the O&GI WEBSITE; (iii) transmitting information from the O&GI WEBSITE to another person or entity who is not a Licensed User of the O&GI WEBSITE ;or (iv) any other access or use of the O&GI WEBSITE except as expressly provided in this Agreement;
d. immediately by OGInfo.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
e. immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the O&GI WEBSITE;
f. immediately, if you transmit or receive using the O&GI WEBSITE (or cause the same) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity. OGInfo.com, at its sole discretion, shall determine whether any information transmitted or received violates this provision; or
g. immediately, if you violate any of the other terms and conditions of this Subscriber Agreement. Termination or cancellation of this Subscriber Agreement shall not effect any right or relief to which OGInfo.com may be entitled, at law or in equity. Upon termination of this Subscriber Agreement, all rights granted to you will terminate and revert to OGInfo.com.
7. Monitoring and License of Posted Content You acknowledge that OGInfo.com does not pre-screen content posted to the site, but that OGInfo.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Additionally, you acknowledge that OGInfo.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through the O&GI WEBSITE. OGInfo.com, at its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which OGInfo.com deems inappropriate (such as that specified in Section 5(f)) or that violates any term or condition of this Agreement. With respect to all content you elect to post to areas of the O&GI WEBSITE, you grant OGInfo.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
8. Equipment and Operation. You shall provide and maintain all telephone and other equipment necessary to access the O&GI WEBSITE, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the O&GI WEBSITE. OGInfo.com reserves the right to refuse assistance or to charge additional fees if you seek assistance from OGInfo.com with respect to such basic background information or any other matters not directly relating to the operation of the O&GI WEBSITE.
9. LIMITED WARRANTY AND LIABILITY a. You acknowledge that the information provided through the O&GR WEBSITE is compiled from sources which are beyond the control of OGInfo.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and OGInfo.com and its licensors do not warrant the accuracy or suitability of the information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE O&GR WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. OGINFO.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, OGINFO.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE O&GI WEBSITE WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this Subscriber Agreement, you assume all risk of errors and/or omissions in the O&GI WEBSITE, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the O&GI WEBSITE, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under the Subscriber Agreement. YOU AGREE THAT OGINFO.COM AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE O&GR WEBSITE FOR ANY PURPOSE WHATSOEVER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (e.g., CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO YOU.
1. YOU ACKNOWLEDGE AND AGREE THAT YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD THE COMPANY HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
2. Except for claims involving intellectual property infringement as provided in Section 9d, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OGINFO.COM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS SUBSCRIBER AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE O&GR WEBSITE, INCLUDING ANY INFORMATION OBTAINED THROUGH THE O&GI WEBSITE.
3. O&GI shall indemnify, hold harmless, and defend you against any action brought against you to the extent that such action is based on a claim that the unmodified O&GI WEBSITE, when used in accordance with this Agreement, infringes a United States copyright or patent. O&GI shall pay all costs, settlements and damages finally awarded; provided, that you promptly notify O&GI in writing within ten (10) days of any claim, gives O&GI sole control of the defense and settlement thereof and provides all reasonable assistance in connection therewith. If the O&GI WEBSITE or any part of the O&GI WEBSITE is finally adjudged to so infringe, or in O&GI's opinion is likely to become the subject of such a claim, O&GI shall, at its option, either: (i) procure for you the right to continue using the O&GI WEBSITE, or (ii) modify or replace the O&GI WEBSITE to make it noninfringing, or, if O&GI is unable to perform either (i) or (ii), then (iii) to terminate this Agreement and refund the proportionate part of the prepaid subscription fee for the portion of the service which would have been received following the date of termination. O&GI shall have no liability regarding any claim arising out of: (w) use of other than a current, unaltered release of the O&GI WEBSITE, unless the infringing portion is also in the then current, unaltered release, (x) use of the O&GI WEBSITE in combination with non-DI software, data or equipment if the infringement was caused by such use or combination, (y) any modification or derivation of the O&GI WEBSITE not specifically authorized in writing by O&GI, or (z) use of third party software. THE FOREGOING STATES THE ENTIRE LIABILITY OF DI AND THE EXCLUSIVE REMEDY FOR YOU RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY COPYRIGHT OR PATENT RIGHT BY THE O&GI WEBSITE. 4. IF THERE SHALL, NOTWITHSTANDING THE ABOVE PROVISIONS, AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF OGINFO.COM OR ITS LICENSORS BY VIRTUE OF THIS SUBSCRIBER AGREEMENT OR BECAUSE OF THE RELATION THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF OGINFO.COM OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO FIVE (5%) PERCENT OF THE SUMS PAID TO OGINFO.COM BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $500.00, WHICHEVER IS GREATER, AS LIMITED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. IN THE EVENT THAT YOU WISH TO INCREASE THE AMOUNT OF THE POSSIBLE LIMITED DAMAGES, YOU MAY OBTAIN A HIGHER LIMIT FROM OGINFO.COM BY PAYING PROPORTIONATELY INCREASED FEES UNDER THIS AGREEMENT. A SCHEDULE OF INCREASED PAYMENTS AND MAXIMUM LIABILITY WILL BE FURNISHED TO YOU UPON REQUEST. 5. THE PROVISIONS CONTAINED IN THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS AGREEMENT, EXCEPT WHEN SUPERCEDED BY ANOTHER AGREEMENT BETWEEN THE PARTIES.
10. Dealings With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the O&GI WEBSITE, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OGInfo.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the O&GI WEBSITE.
11. Links The O&GI WEBSITE may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OGInfo.com has no control over such sites and resources, you acknowledge and agree that OGInfo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OGInfo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Third Party Content. You acknowledge that OGInfo.com does not pre-screen content posted by a third party. You agree that you must evaluate, and bear all risks associated with, the use of any such content posted by a third party, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any such third party content.
13. No Conflicting Terms. In the case of any conflict between this Subscriber Agreement and any help text, manuals or other documents, this Subscriber Agreement shall govern, whether such other document(s) is/are prior to or subsequent to this Subscriber Agreement, or signed or acknowledged by any director, officer, employee, representative or agent of OGInfo.com.
14. Attorney's Fees. If OGInfo.com takes action (by itself or through its representatives) to enforce any of the provisions of this Subscriber Agreement, including collection of any amounts due hereunder, OGInfo.com shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
15. Governing Law; Limitations; Venue. This Subscriber Agreement shall be governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the O&GI WEBSITE contemplated by this Subscriber Agreement must be instituted within the lesser of two (2) years from the date upon which such claim or cause arose or was accrued, or that time explicitly allowed. Further, any such claim or cause of action may only be brought exclusively in the state or federal courts located in Austin, Travis County, Texas, and you hereby agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process.
16. Severability. If any provision of this Subscriber Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Subscriber Agreement.
17. Survivability Sections 2c, 2d, 3a, 9, 14, 15, 16, and 18 shall survive termination of this Agreement.
18. Entire Agreement. This Subscriber Agreement is complete at the time you agreed to it by completing the enrollment process, and this Subscriber Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and OGInfo.com. By LOGGIN ON to the O&GI WEBSITE, you agree to all the terms of this Agreement as set herein, and certify that you are at least 18 years of age.
Copyright 2007, OGInfo.com, LLC, all rights reserved. privacy policy
Oil and Gas Reporting Service, Inc. ("OGInfo.com"), with its principle place of business located at 101 N. Shoreline Blvd, Corpus Christi, Texas 78401, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the O&GI WEBSITE, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this SUBSCRIBER AGREEMENT (the "Agreement"). You hereby acknowledge and agree as follows:
1. The O&GI WEBSITE. OGInfo.com currently provides users with access to a collection of on-line resources, including, various communications tools, online data retrieval, shopping services, personalized content and branded programming through its network of properties ("O&GI WEBSITE"). Unless explicitly stated otherwise, any new features that augment or enhance the current O&GI WEBSITE website, including the release of new OGInfo.com properties shall be subject to this Agreement. You understand and agree that the O&GI WEBSITE is provided "AS-IS"
The "O&GI WEBSITE" includes, without limitation,
(a) OGInfo.com's on-line computer system including all electronic databases and services accessed by or through OGInfo.com's on-line computer system, and individual items within those databases or services which may constitute independent works of authorship;
(b) all documentation, including user manuals, operations manuals and the like provided to you by or for OGInfo.com for use in connection with the access software and the on-line computer system; and (c) any other software, product, service, data or information provided by OGInfo.com or obtained through OGInfo.com's on-line computer system (collectively referred to herein as "information"). The O&GI WEBSITE may only be used by persons agreeing to the terms of this Agreement or another agreement reached between OGInfo.com those persons and OGInfo.com ("Licensed Users")
2. Ownership and Use. a. The O&GI WEBSITE is the valuable, exclusive property of OGInfo.com or its licensors, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The O&GI WEBSITE is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute or publicly display The O&GI WEBSITE or any portion thereof in any manner whatsoever without OGInfo.com's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the O&GI WEBSITE.
b. You may store in the memory of your computer and may manipulate, analyze, reformat, printed and/or display for your use only the information received or accessed through the O&GI WEBSITE pursuant to this Subscriber Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of OGInfo.com, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the O&GI WEBSITE, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity. Specifically, any person who uses the O&GI WEBSITE to transfer information to another person or entity who is not a Licensed User of the O&GI WEBSITE shall be in breach of this Agreement. For example, a person who has an individual account and is employed by a corporation may not transfer information to the corporation or to other persons at the corporation without those others being a Licensed User.
c. You agree not to attempt any reverse engineering of any of the O&GI WEBSITE. You also agree not to decode the signals used by OGInfo.com in transmitting any information for any purpose. d. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the OGInfo.com site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to OGInfo.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of OGInfo.com or the appropriate third party.
3. Fees and Payments; Charges in the O&GI WEBSITE. a. In consideration of your use of the O&GI WEBSITE and the license granted in this Subscriber Agreement, you shall pay OGInfo.com any and all amounts, if any, owing pursuant to this Subscriber Agreement via an automatic debit to your credit card pursuant to the information and authorization you provide. Any sales or use taxes will be payable by you, if applicable. Your use of the O&GI WEBSITE will be subject to any credit limits established by or for your credit card issuer or, where direct billing is applicable, by limits established by OGInfo.com. Further, you will pay a late charge equal to the lesser of one percent (1%) per month, or the maximum rate permitted by applicable law, on any and all payments owing under this Subscriber Agreement that become thirty (30) days past due.
b. The rate schedule and plans in effect at the time of executing this Subscriber Agreement are displayed on-line during your initial use of the O&GI WEBSITE; however, the fees reflected in the rate schedule are subject to change upon thirty (30) days notice to you. Any such amended rate schedule shall be deemed accepted by you if you use the O&GI WEBSITE (or any portion thereof requiring additional fees) in any manner after the effective date of such changes. OGInfo.com reserves the right to modify these terms and conditions of this Subscriber Agreement and the O&GI WEBSITE. OGInfo.com shall use reasonable efforts to notify you (including by facsimile, newsletter, or, if available, network message) in advance of or concurrent with such change. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the O&GI WEBSITE. OGInfo.com may also add, withdraw or modify databases within the O&GI WEBSITE or services provided through the O&GI WEBSITE at any time in its sole discretion. All notices and statements described above shall be displayed on-line, and such display shall constitute effective notice under this Subscriber Agreement on the day OGInfo.com places them on the O&GI WEBSITE.
4. Password Disclosure. If, at any time, you learn or suspect that your password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify OGInfo.com at 361 904-0071 or 337 289-5488/5481 and to confirm such notice in writing or by email at support@OGInfo.com. within seventy-two (72) hours. Upon receiving such notice, OGInfo.com will assign a new password to you within a reasonable period of time. Reissuance and reactivation of such passwords may be subject to OGInfo.com's standard charges.
5. Delays in Services. Neither OGInfo.com nor any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. OGInfo.com shall have no responsibility to provide you access to the O&GI WEBSITE while interruption of the O&GI WEBSITE due to any such cause shall continue
6. Termination. This Subscriber Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
a. upon thirty (30) days written notice by either party of its intent to terminate this Agreement;
b. immediately by OGInfo.com if you fail to make any applicable payment to OGInfo.com, its services providers or service sponsors when due or your automatic credit card debit is denied for any reason;
c. immediately by OGInfo.com for any unauthorized access or use by you, including, without limitation: (i) concurrent access of the O&GI WEBSITE with identical user identification numbers; (ii) permitting another person or entity to use your user identification number to access the O&GI WEBSITE; (iii) transmitting information from the O&GI WEBSITE to another person or entity who is not a Licensed User of the O&GI WEBSITE ;or (iv) any other access or use of the O&GI WEBSITE except as expressly provided in this Agreement;
d. immediately by OGInfo.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
e. immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the O&GI WEBSITE;
f. immediately, if you transmit or receive using the O&GI WEBSITE (or cause the same) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity. OGInfo.com, at its sole discretion, shall determine whether any information transmitted or received violates this provision; or
g. immediately, if you violate any of the other terms and conditions of this Subscriber Agreement. Termination or cancellation of this Subscriber Agreement shall not effect any right or relief to which OGInfo.com may be entitled, at law or in equity. Upon termination of this Subscriber Agreement, all rights granted to you will terminate and revert to OGInfo.com.
7. Monitoring and License of Posted Content You acknowledge that OGInfo.com does not pre-screen content posted to the site, but that OGInfo.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Additionally, you acknowledge that OGInfo.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through the O&GI WEBSITE. OGInfo.com, at its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which OGInfo.com deems inappropriate (such as that specified in Section 5(f)) or that violates any term or condition of this Agreement. With respect to all content you elect to post to areas of the O&GI WEBSITE, you grant OGInfo.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
8. Equipment and Operation. You shall provide and maintain all telephone and other equipment necessary to access the O&GI WEBSITE, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the O&GI WEBSITE. OGInfo.com reserves the right to refuse assistance or to charge additional fees if you seek assistance from OGInfo.com with respect to such basic background information or any other matters not directly relating to the operation of the O&GI WEBSITE.
9. LIMITED WARRANTY AND LIABILITY a. You acknowledge that the information provided through the O&GR WEBSITE is compiled from sources which are beyond the control of OGInfo.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and OGInfo.com and its licensors do not warrant the accuracy or suitability of the information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE O&GR WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. OGINFO.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, OGINFO.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE O&GI WEBSITE WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this Subscriber Agreement, you assume all risk of errors and/or omissions in the O&GI WEBSITE, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the O&GI WEBSITE, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under the Subscriber Agreement. YOU AGREE THAT OGINFO.COM AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE O&GR WEBSITE FOR ANY PURPOSE WHATSOEVER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (e.g., CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO YOU.
1. YOU ACKNOWLEDGE AND AGREE THAT YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD THE COMPANY HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
2. Except for claims involving intellectual property infringement as provided in Section 9d, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OGINFO.COM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS SUBSCRIBER AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE O&GR WEBSITE, INCLUDING ANY INFORMATION OBTAINED THROUGH THE O&GI WEBSITE.
3. O&GI shall indemnify, hold harmless, and defend you against any action brought against you to the extent that such action is based on a claim that the unmodified O&GI WEBSITE, when used in accordance with this Agreement, infringes a United States copyright or patent. O&GI shall pay all costs, settlements and damages finally awarded; provided, that you promptly notify O&GI in writing within ten (10) days of any claim, gives O&GI sole control of the defense and settlement thereof and provides all reasonable assistance in connection therewith. If the O&GI WEBSITE or any part of the O&GI WEBSITE is finally adjudged to so infringe, or in O&GI's opinion is likely to become the subject of such a claim, O&GI shall, at its option, either: (i) procure for you the right to continue using the O&GI WEBSITE, or (ii) modify or replace the O&GI WEBSITE to make it noninfringing, or, if O&GI is unable to perform either (i) or (ii), then (iii) to terminate this Agreement and refund the proportionate part of the prepaid subscription fee for the portion of the service which would have been received following the date of termination. O&GI shall have no liability regarding any claim arising out of: (w) use of other than a current, unaltered release of the O&GI WEBSITE, unless the infringing portion is also in the then current, unaltered release, (x) use of the O&GI WEBSITE in combination with non-DI software, data or equipment if the infringement was caused by such use or combination, (y) any modification or derivation of the O&GI WEBSITE not specifically authorized in writing by O&GI, or (z) use of third party software. THE FOREGOING STATES THE ENTIRE LIABILITY OF DI AND THE EXCLUSIVE REMEDY FOR YOU RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY COPYRIGHT OR PATENT RIGHT BY THE O&GI WEBSITE. 4. IF THERE SHALL, NOTWITHSTANDING THE ABOVE PROVISIONS, AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF OGINFO.COM OR ITS LICENSORS BY VIRTUE OF THIS SUBSCRIBER AGREEMENT OR BECAUSE OF THE RELATION THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF OGINFO.COM OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO FIVE (5%) PERCENT OF THE SUMS PAID TO OGINFO.COM BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $500.00, WHICHEVER IS GREATER, AS LIMITED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. IN THE EVENT THAT YOU WISH TO INCREASE THE AMOUNT OF THE POSSIBLE LIMITED DAMAGES, YOU MAY OBTAIN A HIGHER LIMIT FROM OGINFO.COM BY PAYING PROPORTIONATELY INCREASED FEES UNDER THIS AGREEMENT. A SCHEDULE OF INCREASED PAYMENTS AND MAXIMUM LIABILITY WILL BE FURNISHED TO YOU UPON REQUEST. 5. THE PROVISIONS CONTAINED IN THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS AGREEMENT, EXCEPT WHEN SUPERCEDED BY ANOTHER AGREEMENT BETWEEN THE PARTIES.
10. Dealings With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the O&GI WEBSITE, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OGInfo.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the O&GI WEBSITE.
11. Links The O&GI WEBSITE may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OGInfo.com has no control over such sites and resources, you acknowledge and agree that OGInfo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OGInfo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Third Party Content. You acknowledge that OGInfo.com does not pre-screen content posted by a third party. You agree that you must evaluate, and bear all risks associated with, the use of any such content posted by a third party, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any such third party content.
13. No Conflicting Terms. In the case of any conflict between this Subscriber Agreement and any help text, manuals or other documents, this Subscriber Agreement shall govern, whether such other document(s) is/are prior to or subsequent to this Subscriber Agreement, or signed or acknowledged by any director, officer, employee, representative or agent of OGInfo.com.
14. Attorney's Fees. If OGInfo.com takes action (by itself or through its representatives) to enforce any of the provisions of this Subscriber Agreement, including collection of any amounts due hereunder, OGInfo.com shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
15. Governing Law; Limitations; Venue. This Subscriber Agreement shall be governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the O&GI WEBSITE contemplated by this Subscriber Agreement must be instituted within the lesser of two (2) years from the date upon which such claim or cause arose or was accrued, or that time explicitly allowed. Further, any such claim or cause of action may only be brought exclusively in the state or federal courts located in Austin, Travis County, Texas, and you hereby agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process.
16. Severability. If any provision of this Subscriber Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Subscriber Agreement.
17. Survivability Sections 2c, 2d, 3a, 9, 14, 15, 16, and 18 shall survive termination of this Agreement.
18. Entire Agreement. This Subscriber Agreement is complete at the time you agreed to it by completing the enrollment process, and this Subscriber Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and OGInfo.com. By LOGGIN ON to the O&GI WEBSITE, you agree to all the terms of this Agreement as set herein, and certify that you are at least 18 years of age.
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