Terms and Conditions
Terms and Conditions for use of and access to the Options United (OU) website(s) &/or App.
1. MODIFICATION OF THESE TERMS AND CONDITIONS OF USE.
OU reserves the right to amend, supplement, update, alter, revise, or otherwise modify these Terms and Conditions at any time and for any reason. Any such amended, supplemented, updated, altered, revised, or modified Terms and Conditions shall be binding and immediately effective upon the posting thereof to the Site. Your continued access to and use of the Site upon the posting of any amended, supplemented, updated, altered, revised, or modified Terms and Conditions constitutes Your acknowledgment, acceptance, and agreement thereto and to be bound thereby. You are responsible for regularly reviewing these Terms and Conditions for any amendment, supplement, update, alteration, revision or other modification.
2. USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Site is for your personal and noncommercial use only and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, other content, software, products, or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to donate to OU. Any other use of materials on this Site, including but not limited to the modification, alteration, reproduction, distribution, republication, display, or transmission of any content of this Site, without prior written permission of OU, is strictly prohibited.
3. PROHIBITED CONTENT/USE
Any use or publication of offensive, defamatory, obscene, lewd, threatening, harassing, abusive, hateful, illegal, or otherwise inflammatory language or material, or language or material that is invasive of privacy or publicity rights, as determined by OU in its sole and exclusive judgment and discretion, by You in any form, including without limitation, whether in posted comments, questions, attachments, links, or any other material or medium, is expressly prohibited. In addition, You shall not (1) harass or annoy other users of the Site, (2) impersonate others or otherwise hold Yourself out as being someone else, including without limitation an OU employee, host, or representative or other members or visitors on the Site, (3) engage in or promote conduct that is offensive, illegal, or violates these Terms and Conditions, or (4) transmit illegal information or material on or through the Site. Any such prohibited content, conduct, or use may result in the denial of Your access to and use of the Site, as well as the pursuit by OU of any demands, claims, actions, and remedies against You, and any other additional consequences, that are available to OU and are permissible under law.
4. COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of OU. The collective work includes works that may be owned by third parties and are licensed to OU. Copyright 2013. ALL RIGHTS RESERVED. Other than trademarks, service marks, service marks, and trade names of third parties, all trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to OU.
Trademarks used on OU Web Sites &/or App are the properties of the respective owners. These include, but are not limited to: Google and Google Safe Search, © 2008 Google.
5. USER SUBMISSIONS.
The Site may, but does not necessarily, provide platforms for You to post comments, messages, or other content in designated areas on the Site, or to communicate directly or indirectly with OU via e-mail or other medium (collectively, “User Communications”). OU has no control over, but has the right (though not the obligation) to monitor, the content of User Communications. Notwithstanding the foregoing, User Communications are subject to the restrictions and prohibitions identified in this Section 5 and in Section 3 (Prohibited Content/Use) of these Terms and Conditions. You are solely responsible for any User Communications submitted to the Site or otherwise communicated by You or on Your behalf, and You assume full responsibility and liability for such User Communications, including without limitation with respect to the legality, accuracy, reliability, truthfulness, and any and all consequences of the submission, posting, transmission, linking to, display, and usage thereof.
IN ADDITION TO AND WITHOUT LIMITING THE LIMITATIONS OF LIABILITY AND INDEMNIFICATION SET FORTH IN OTHER SECTIONS OF THESE TERMS AND CONDITIONS, YOU DO HEREBY AGREE TO RELEASE, ACQUIT, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS OU AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF AND FROM ANY AND ALL LIABILITY, DAMAGE, LOSS, OR INJURY THAT ARISES OUT OF, RELATES TO, IS ASSOCIATED WITH, OR IS CONNECTED TO USER COMMUNICATIONS SUBMITTED, POSTED, TRANSMITTED, LINKED TO, OR DISPLAYED BY YOU ON OR THROUGH THE SITE OR THE ACTIONS OR CONDUCT OF THIRD PARTIES WITH RESPECT THERETO. Except for any protected personally identifiable information we may collect from you, any material, information, or other content of User Communications you transmit, upload, or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. OU will have no obligations with respect to the User Communications. OU reserves the right, but is under no obligation, to remove or edit, with or without notice, any User Communications for any reason whatsoever, including, without limitation, that which violates the limitations and restrictions imposed by Section 3, this Section 5, or any other applicable provision of these Terms and Conditions of Use.
6. THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain links to other Sites on the Internet that are owned, managed, operated, or controlled by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with OU, OU has no control over these linked Sites, all of which have separate privacy and data collection practices, independent of OU. OU has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web Sites. OU does not guarantee, warrant, take any responsibility for, or make any representation of any kind regarding any linked External Sites or the content thereof, including, without limitation, with respect to (a) the legality, credibility, reliability, accuracy, completeness, timeliness, relevance, or suitability of any External Site or the content thereof, (b) the condition, merchantability, or fitness for a particular purpose of any External Site or the content thereof, or (c) whether (i) the operation, access to, and usage of any such External Site or the content thereof will be uninterrupted or error-free, (ii) defects or errors in any such External Site or the content thereof will be corrected, or (iii) any such External Site or the content thereof will be free from viruses or other harmful components.
These linked External Sites are only for Your convenience and therefore You access and use them solely at your own risk. OU assumes no liability for your access to or usage of any External Sites and/or the content thereof. Links do not imply that OU sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, OU seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for Sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
The Site may also contain advertisements of and by third parties. OU does not endorse, promote, warrant, guarantee, or recommend any products, services, procedures, studies, articles, opinions, businesses, or other information or material of third parties contained in any advertisements on the Site.
In support of its charitable purposes, OU may make certain items or products available by and through the Site. If You would like to purchase any such items or products, You will be asked and required to provide certain information necessary for OU to process Your request, including, without limitation, Your credit card or other payment information, name, e-mail address, and billing address (collectively, “Billing Information”). Any Billing Information You provide must be true, complete, and accurate. The risk of loss and title to any items or products purchased by and through the Site shall pass to You upon the delivery by OU of such items or products to the carrier or placement in the mail.
Each claim or statement about the effectiveness of OU services and/or each claim or statement comparing the effectiveness of OU services to the effectiveness of other services is expressly limited to the United States, unless otherwise disclosed on the Site.
OU makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites &/or App.
OU does not filter advertisements or other content that children may view through our Sites or “hot-linked” Sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND ALL OF THE MATERIALS, INFORMATION, OTHER CONTENT, SERVICES, AND PRODUCTS ON, IN, OR FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEOS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OU SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OU DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OU DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
10. LIMITATION OF LIABILITY.
In no event shall OU, its directors, officers, employees, agents, representatives, affiliates, successors, and assigns be liable for any direct, indirect, actual, consequential, incidental, special, punitive, or exemplary, damages, or any damages whatsoever, even if OU has been previously advised of the possibility of such damages, whether in an action under contract, tort (including, without limitation, negligence), or any other theory, arising out of or in connection with the access, inability to access, use, inability to use, or performance of the Site or any information, materials, other content, services, or products available on, in, or from this Site. Your sole and exclusive remedy is to discontinue Your access to and use of the Site and the content. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify, defend, and hold harmless OU, its directors, officers, employees, agents, representatives, licensors, affiliates, successors and assigns (collectively the “Indemnitees”) from and against all losses, expenses, damages, injuries, and costs, including but not limited to reasonable attorneys’ fees, directly or indirectly arising out of, resulting from, related to, or otherwise in connection with (1) any violation or breach of these Terms and Conditions, (2) Your use, misuse, access, inability to access or use, or reliance upon the Site, any content, and any External Site and the content thereof, (3) Your use or misuse of, reliance upon, publication, communication, distribution, uploading, or downloading of any information, materials, other content, services, items, or products available, on, in, or from the Site, (4) Your submission of any e-mails and reliance upon any responses thereto, (5) Your posting of any comments, information, or materials on the Site, and/or (6) any activity related to Your Internet account (including negligent or wrongful conduct) by You or any other person accessing the Site using Your Internet account.
13. MODIFICATION OR DISCONTINUANCE OF SITE.
OU reserves the right to modify, update, reconfigure, suspend, or discontinue, whether temporarily or permanently, all or any part of the Site from time to time, at any time, and for any reason. You agree that OU shall have no liability or other responsibility to You or any third party as a result of any such modification, update, reconfiguration, suspension, or discontinuance of all or any part of the Site.
Notwithstanding any other provision of these Terms and Conditions, OU reserves the right in its sole and exclusive discretion to terminate or suspend at any time, with or without notice, Your or any other user’s (a) access to and use of the Site, the content, and any part thereof, and (b) right to submit, post, transmit, link to, or display any User Communications. Upon any such suspension or termination of access and/or use, You will no longer be authorized to access or use that portion of the Site or content to which the suspension or termination applies, which may include the entire Site and all content. The duties, obligations, limitations, and restrictions imposed upon You under these Terms and Conditions shall survive any such suspension or termination, and OU shall in no way be liable to You or any third party as a result of any such suspension or termination.
15. USE PROHIBITED WHERE CONTRARY TO LAW.
Access to or use of the Site or any content is expressly prohibited in any jurisdiction in which such access or use may violate any laws, rules, regulations, or ordinances applicable to such jurisdiction. Accordingly, You hereby agree (1) not to access or use the Site or content in any such jurisdiction; (2) that you are solely responsible for adhering to this provision and to the compliance with any and all laws, rules, ordinances, and regulations applicable to the access to and use of the Site and content and/or the prohibition thereon in any jurisdiction; and (3) that any failure on Your part to adhere to the requirements imposed upon You pursuant to subsections (1) and (2) of this Section 15 is at your sole risk and liability.
16. APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of OU products) shall be in the state or federal courts located in Collin County, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of OU products) must be commenced within one (1) year after the claim or cause of action arises.
By using this Site, you agree that OU, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in these Terms and Conditions or their adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Texas, without regard to choice of law provisions.
Any award in an arbitration initiated under this clause shall be limited to monetary damages, as limited by the limitation of liability under Section 10 of these Terms and Conditions, and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
18. SEVERABILITY; SAVINGS.
Should any word, clause, sentence, provision, paragraph, or part of these Terms and Conditions for any reason whatsoever be adjudged by any court of competent jurisdiction, or be held by any other competent government authority having jurisdiction, to be invalid, unenforceable, or illegal, such judgment or holding shall not affect, impair, or invalidate the remainder of these Terms and Conditions, but shall be confined in its operation to the clause, sentence, provision, paragraph, or part of these Terms and Conditions declared to be invalid, unenforceable, or illegal, and the remainder of these Terms and Conditions shall remain in full force and effect. Moreover, a determination of invalidity, unenforceability, or illegality shall be limited to only those jurisdiction(s) that adjudge or otherwise hold such word, clause, sentence, provision, paragraph, or part to be invalid, unenforceable, or illegal, and such word, clause, sentence, provision, paragraph, or part shall remain in force and effect in other jurisdictions where it is valid, enforceable, and legal. If necessary, the clause, sentence, provision, paragraph, or part that is determined to be invalid, unenforceable, or illegal shall be replaced or modified by way of amendment of these Terms and Conditions, with language that is valid, enforceable, and legal and that preserves the intent of OU as it pertains to such clause, sentence, provision, paragraph, or part.
19. NO WAIVER.
The failure of OU to enforce at any time any one or more of the terms or conditions of these Terms and Conditions shall in no way be or constitute a waiver of such terms or conditions or of OU’s right to enforce such terms or conditions at any other time, nor shall it be a waiver of or otherwise affect the right of OU to enforce any other term or condition of these Terms and Conditions.
20. ENTIRE AGREEMENT.
21. HEADINGS AND CAPTIONS.
The headings and captions used in these Terms and Conditions are for convenience only and shall not limit, expand, affect, alter, or otherwise modify the meaning of any text.
22. ATTORNEYS’ FEES, COSTS, AND EXPENSES.
Should OU demand, file suit, or otherwise claim or defend the enforcement of these Terms and Conditions, OU may recover its reasonable and necessary attorneys’ fees, together with all costs and expenses of litigation, incurred with respect thereto.
23. COMPLAINT PROCEDURES.
Any suspected or known violations of these Terms and Conditions or misuse of the Site or the content should be reported to OU immediately by submitting a communication to OU via the Contact page of the Site.
24. CONFLICT OF TERMS.
Notwithstanding anything in these Terms and Conditions to the contrary, certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices located on particular pages at this Site.
Copyright 2017, Options United