Read This Carefully Before Using This Web Site. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND O2 CONSULTING GROUP, LLC. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agreed, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.
This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors, for which O2 CONSULTING GROUP assumes no liability.
Information may be changed or updated without notice. O2 CONSULTING GROUP may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
O2 CONSULTING GROUP assumes no responsibility regarding the accuracy of the information that is provided by O2 CONSULTING GROUP and use of such information is at the recipient's own risk. O2 CONSULTING GROUP provides no assurances that any reported problems may be resolved with the use of any information that O2 CONSULTING GROUP provides. By furnishing information, O2 CONSULTING GROUP does not grant any licenses to any copyrights, patents or any other intellectual property rights.
You acknowledge that O2 CONSULTING GROUP, its licensors and/or contributors of Content to the Site (collectively "Content Owners") have and shall retain exclusive ownership of all proprietary rights in or to such Content, including the format and presentation thereof. You shall have no right or interest in any Content except the right to use the Content as set forth in these Terms Conditions of Use. You acknowledge that the Site and the Content has been created, compiled, prepared, selected and arranged by the Content Owners through the expenditure of substantial time, effort and money, and that it constitutes the valuable property and confidential copyrighted information of the Content Owners ("Proprietary Information"). You agree to take all necessary precautions to maintain the confidentiality of such Proprietary Information, to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright management information or other proprietary notice included in the Content.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR CONTENT OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.
LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL O2 CONSULTING GROUP, ITS DISTRIBUTOR(S), AFFILIATES, OR THE CONTENT OWNERS HAVE ANY LIABILITY WITH RESPECT TO ANY CLAIMS FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF, OR INABILITY TO ACCESS OR TO USE THIS WEB SITE, EVEN IF O2 CONSULTING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCESS AND USE THIS WEB SITE AT YOUR OWN RISK AND SPECIFICALLY RELEASE O2 CONSULTING GROUP, ITS DISTRIBUTOR(S), AFFILIATES AND THE CONTENT OWNERS FROM ALL LIABILITY.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, REIMBURSE AND DEFEND O2 CONSULTING GROUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THE CONTENT OWNERS FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER ASSERTED DIRECTLY OR INDIRECTLY), LOSSES, DAMAGES, LIABILITIES, OBLIGATIONS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, SETTLEMENT, ATTORNEYS' FEES AND LEGAL COSTS ARISING FROM THE DEFENSE OF ANY ACTION OR THREATENED ACTION) ARISING FROM, OR PERTAINING TO, THIS AGREEMENT OR USE OF THIS WEB SITE. O2 CONSULTING GROUP LLC., RESERVES THEIR RIGHTS TO DIRECT THEIR OWN DEFENSE.
THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Governing Law, Arbitration and Miscellaneous Provisions. This is the entire Agreement between you and O2 Consulting Group, LLC, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey , U.S.A. as if entered into by New Jersey residents, and executed and performed entirely in New Jersey .
In the event of a dispute or claim arising under, pertaining to the interpretation or enforcement of any provisions of, or any obligations or liabilities arising from this Agreement, then the dispute or claim shall be resolved by binding arbitration pursuant to written notice to the other party and subject to the Commercial Arbitration Rules of the American Arbitration Association. Written notice of the dispute or claim must be given within thirty (30) days of the date when the dispute or claim first arose ("Notice"). The arbitration shall be conducted by a panel of three (3) arbitrators -- one appointed by O2 Consulting Group, LLC, one appointed by you and the third selected by the mutual agreement of the appointed arbitrators. The third arbitrator so selected shall be referred to as the "Neutral Arbitrator." Should either party fail to appoint an arbitrator within five (5) business days of the issuance of the Notice, then the appointed arbitrator shall serve alone. The decision of the majority of the arbitrators (or the sole arbitrator in the event that a party fails to make an appointment timely) shall be binding on the parties. The arbitration shall be held in Philadelphia . Except as provided in this paragraph, each party shall pay its own costs and fees, including those of the arbitrator appointed by said party, and shall share equally in the costs and fees of the Neutral Arbitrator. You shall bear all O2 Consulting Group’s fees and costs, including reasonable attorneys' and arbitration fees, in the event that a verdict or other judgment is entered in favor of O2 Consulting Group, LLC. Judgment may be entered on any award by any court of competent jurisdiction. The parties' agreement to arbitrate shall be governed by the United States Arbitration Act, 9 U.S.C. §§1-15, notwithstanding any other provision to the contrary.
In the event that the arbitration provision is challenged or found not to be enforceable, the parties consent to the jurisdiction and venue of the Federal and state courts in or for Burlington County , New Jersey in any action on, related to or mentioning this Agreement.
If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.
We reserve the right, in our complete and sole discretion, to change these Terms of Service 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 of Use. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.