Terms and Conditions:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by O’Neill’s Green Services, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Disclaimer of Warranties. The Website is provided “as is”. O’Neill’s Green Services and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither O’Neill’s Green Services nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will O’Neill’s Green Services, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to O’Neill’s Green Services under this agreement during the twelve (12) month period prior to the cause of action. O’Neill’s Green Services shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless O’Neill’s Green Services, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between O’Neill’s Green Services and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of O’Neill’s Green Services, or by the posting by O’Neill’s Green Services of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Alameda County, California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alameda County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Alameda County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; O’Neill’s Green Services may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
O’Neill’s Green Services (“O’Neill’s Green Services”) operates http://ogservices.us/ and may operate other websites. It is O’Neill’s Green Services policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, O’Neill’s Green Services collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. O’Neill’s Green Services purpose in collecting non-personally identifying information is to better understand how O’Neill’s Green Services visitors use its website. From time to time, O’Neill’s Green Services may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
O’Neill’s Green Services also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on http://ogservices.us/ blogs/sites. O’Neill’s Green Services only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to O’Neill’s Green Services websites choose to interact with O’Neill’s Green Services in ways that require O’Neill’s Green Services to gather personally-identifying information. The amount and type of information that O’Neill’s Green Servicesgathers depends on the nature of the interaction. For example, we ask visitors who sign up at http://ogservices.us/ to provide a username and email address. Those who engage in transactions with O’Neill’s Green Services are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, O’Neill’s Green Services collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with O’Neill’s Green Services. O’Neill’s Green Services does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
O’Neill’s Green Services may collect statistics about the behavior of visitors to its websites. O’Neill’s Green Services may display this information publicly or provide it to others. However, O’Neill’s Green Services does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
O’Neill’s Green Services discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on O’Neill’s Green Services behalf or to provide services available at O’Neill’s Green Services websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using O’Neill’s Green Services websites, you consent to the transfer of such information to them. O’Neill’s Green Services will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, O’Neill’s Green Services discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when O’Neill’s Green Services believes in good faith that disclosure is reasonably necessary to protect the property or rights of O’Neill’s Green Services, third parties or the public at large. If you are a registered user of an O’Neill’s Green Services website and have supplied your email address, O’Neill’s Green Services may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with O’Neill’s Green Services and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. O’Neill’s Green Services takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If O’Neill’s Green Services, or substantially all of its assets, were acquired, or in the unlikely event that O’Neill’s Green Services goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer o O’Neill’s Green Services may continue to use your personal information as set forth in this policy.