Terms of Service for WWW.ONYXANDOXFORD.COM

Introduction

Welcome to WWW.ONYXANDOXFORD.COM. This website is owned and operated by Onyx & Oxford, LLC (hereafter referred to as ‘Company’.) By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). Any attempt by you to vary this User Agreement in any acceptance, acknowledgment, confirmation, or other communication or document, which may contain additional, different or inconsistent terms, is hereby expressly objected to and rejected by us. Our failure to object to provisions contained in any communication from you shall not be deemed to waive any provisions herein, or to accept any different terms and conditions communicated by you.

This agreement is in effect as of August 01, 2017.

We reserve the right to change this User Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) federal, state, and local laws, rules, and regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as your name, email address, phone number, etc.) as part of the registration process, or as part of your ability to use the Resources. (For further requirements, please see our privacy policy) You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible and liable for all activities that occur under your account(s).

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, illegal, or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, offer to sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible and liable for any consequences, losses, costs, expenses, penalties, or damages that we may directly or indirectly incur or suffer arising from or due to, in whole or in part, any unauthorized activities conducted by you, as explained above.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. If you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a legal, responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, all as we determine to be so in our sole judgment;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising; or
  • Impersonates any person or entity, including any Company employees or representatives.

You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools. Thus, we do not warrant or represent to you that any content posted is complete or accurate, and any reliance by you thereon is at your sole discretion. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party proprietary or intellectual property rights, including, without limitation, copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim or action against us.

h. We shall not be liable for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party proprietary or intellectual property rights, including, without limitation, copyrights or trademarks, becomes the property of Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive, sub licensable license to reproduce, use, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, which is necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless Company and its affiliates, and their directors, officers, managers, employees, donors, agents, representatives and licensors, from and against all losses, expenses, damages, fees and costs, including reasonable attorneys’ fees, resulting from any (i) violation of this User Agreement, (ii) any violation of or non-compliance with any federal, state, or local law, rule, or regulation by you or any other person using your account, or (iii) the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement, for which you shall reimburse us for reasonable all costs, fees, and expenses, including, without limitation, reasonable attorney’s fees. In such event, you shall provide us with such cooperation as is reasonably requested by us or our agents or representatives.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • the use of our Resources or products will meet your needs or requirements;
  • the use of our Resources will be uninterrupted, timely, secure or free from errors or third-party interference;
  • the information obtained by using our Resources will be accurate or reliable; and
  • any defects in the operation or functionality of any Resources or products we provide will be repaired or corrected.
Furthermore, you understand and agree that:
  • any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for (i) any damage to your computer or other devices for any loss of data and (ii) any other damages or losses you or any other person using your account may incur, whether monetary or otherwise, that may result from the download of or access too such content; and
  • no information or advice, whether expressed, implied, oral or written, obtained by you from WWW.ONYXANDOXFORD.COM or through any Resources we provide shall create any warranty, guarantee, representation, covenant, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim, suit, or action against us shall be limited to the amount you paid, if any, for use of products and/or services. Company will not be liable for any direct, indirect, incidental, consequential, punitive, special, or exemplary loss or damages which may be incurred by you or any other person using your account as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, security breach, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on WWW.ONYXANDOXFORD.COM, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Company, and are protected by applicable copyright and trademark law. Any use, including, but not limited to, the reproduction, adaptation, modification, distribution, display or transmission of any content on this site is strictly prohibited, unless expressly authorized in writing and signed by Company.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources at any time with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, abusive, disparaging, or otherwise inappropriate, as we determine in our sole discretion, activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by WWW.ONYXANDOXFORD.COM from our offices located in the state of Illinois , USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Illinois , by accessing our website, you agree that the statutes and laws of Illinois , without regard to its principles of conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Chicago, Illinois. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, WWW.ONYXANDOXFORD.COM AND COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES AGAINST LATENT DEFECTS.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: hello@onyxandoxford.com