Terms and Conditions of Use
Updated: April 2010
You may be able to participate in forums or moderated discussions, or post comments on a blog or bulletin board, on this Site (collectively, "Forums").
If you post, upload or otherwise provide any information or materials ("Your Materials") to this Site, including through any Forums, you:
You agree to indemnify, defend and hold harmless OSV and its affiliates, and the directors, officers, employees and agents of the foregoing, from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from or relating to Your Materials or your use of this Site.
You may not:
Without limitation of our other rights and remedies hereunder, we reserve the right to suspend or terminate your use of this Site at any time in our sole discretion.
As between you and OSV, OSV (or its affiliates, licensors, advertisers or vendors) is the owner of this Site and any trademark, service mark, content or other materials thereon, unless otherwise indicated. Any commercial use of this Site is strictly prohibited, except as may be expressly provided herein or to the extent that we otherwise approve. You may not download or save a copy of any of the content or screens for any purpose, except as otherwise provided in these Terms and Conditions. You may, however, print one copy of the information on this Site solely for your personal use or records. If you make other use of this Site, except as permitted herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, copyrighted material or any other intellectual property, by including them on this Site.
You acknowledge that we have no responsibility for information or materials provided by third party web sites to which you may link from this Site ("Linked Sites"). Such links are provided as a convenience to you and do not constitute an endorsement by, or imply any association with, OSV of such sites or the content, products, services, advertising or other materials presented on such sites. OSV does not author, edit, or monitor Linked Sites. You agree that OSV is not responsible or liable, directly or indirectly, for any damage or loss in connection with use of any Linked Sites.
We respect the intellectual property rights of others and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the "Copyright Agent" named below:
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OSV DOES NOT WARRANT THAT THE SITE, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONS, FEATURES, SERVICES OR CONTENT AVAILABLE THEREON, WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OSV OR ITS AFFILIATES, OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT OR SERVICE PROVIDERS OF THE FOREGOING, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR SALES, EVEN IF OSV OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PERSONS. IN NO EVENT SHALL OSV BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF OSV OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO OSV FOR YOUR ACCESS TO OR USE OF THIS SITE.
These Terms and Conditions and the relationship between you and OSV shall be governed by the laws of the State of Indiana in the United States of America, without regard to its conflict of law provisions. You and OSV each agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Indiana and County of Huntington in the United States of America with respect to any cause of action that may arise in connection with this Site or these Terms and Conditions. The failure by you or OSV to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions hereof shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.