Terms and Conditions of Use
Disclaimer of Warranties
On Lok, inc. does not warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of onlok.org results in the need for servicing or replacing property, material, equipment or data, On Lok, inc. is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of On Lok, inc. We reserve the right to change or discontinue at any time any aspect or feature of the Web Site. We do not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, is at your own risk.
In connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of On Lok, Inc. Accordingly, we assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ON LOK, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Limitation of Liability
IN NO EVENT SHALL ON LOK, INC. OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE onlok.org WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ON LOK, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ON LOK, INC. SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
The onlok.org Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by onlok.org, On Lok, inc. or any of its related corporations, of those sites, but is for your reference and convenience only. We do not continuously review the sites linked to the onlok.org Web Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to onlok.org. We do not recommend or endorse any specific services or products that may be mentioned on or advertised in any linked site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use and Privacy Policies of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the onlok.org Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. onlok.org reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Web Site or any of its content or copy portions of the onlok.org Web Site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within onlok.org must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within onlok.org.
On Lok, inc. retains full copyright ownership, rights and protection in all material contained on onlok.org (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner.
You may, however make single copies of materials displayed on the onlok.org Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from onlok.org or the copyright owner of the copied material.
None of the material contained on the onlok.org site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of On Lok, inc.
All content of onlok.org is Copyright (On Lok, inc.) All rights reserved.
You agree that On Lok, inc. may terminate your use of the Web Site, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of On Lok, inc. or any third party, or for any reason with or without notice to you. You agree that On Lok, inc. may modify or discontinue the onlok.org Web Site, with or without notice to you. You agree that On Lok, inc. will not be liable to you or any third party as a result of such modification or discontinuation.
You expressly agree that exclusive jurisdiction for any dispute with On Lok, inc. in any way relating to your use of onlok.org (“Legal Action”), resides in the courts of the County of San Francisco, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Northern District of California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to onlok.org must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” and General Provisions” will survive termination of this agreement.