O’Neil & Associates, Inc. Web Site Terms and Conditions

  1. Acknowledgment and Acceptance

    Welcome to the O’Neil & Associates, Inc. (O’Neil) Web site. Our Web site offers information about our company, its products, and other information and listings of general interest. O’Neil has also provided registered users the ability to access the Support Center, request information, provide Web site feedback, or apply for a position through its Web site. These tools have been provided to you for the purpose of assisting in the purchase, use, and support of O’Neil-brand products and services.

    By using our Web site, you are agreeing to be bound by these Terms and Conditions of use. Please review these Terms and Conditions carefully. If you do not accept these Terms and Conditions, do not use the Web site or download materials from the Web site.

  2. Personal Information

    O’Neil and its subsidiaries are committed to providing customers, shareholders, dealers, and suppliers with the best value products and services in the field and online. By registering with or contacting us through O’Neil’s Web site, you agree that any information or comments you provide may be used by O’Neil without restriction to improve our ability to provide the best customer service to you, process customer orders, and improve or market our products and services. O’Neil recognizes and respects your online privacy. As such, O'Neil agrees not to share, sell, trade, or license your information to any third party and will exercise commercially reasonable efforts to keep the information secure. Please see our Privacy Policy for further details.

  3. User Conduct

    As a user, you agree not to:

    • provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message, or other communication;
    • disrupt, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of our Web site, its computer systems, servers, or networks;
    • transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages;
    • collect information about other visitors to our Web site or otherwise systematically extract data or data fields, including, without limitation, any financial data or e-mail addresses;
    • sell access to or for the use of the Web site, including any software, documents, text, images, drawings, data, technical data, information, and other materials (content) contained on, downloaded from, or accessed from the Web site; or
    • redistribute any content provided by us in any manner whatsoever, including by means of printed publication, fax broadcast, Web pages, e-mail, newsgroups or forums, or any other electronic or paper-based service or method.

    As a user, you agree to take adequate measures to protect against the unauthorized disclosure or use of content you receive from the Web site.

    As a user, you agree not to upload, post, or otherwise transmit through or to the Web site any content that would violate any law or that:

    • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;
    • infringes the intellectual property rights, rights of publicity, privacy rights, or other propriety rights of others; or
    • contains any viruses, trojan horses, or any other harmful programs or elements.

    You agree not to create any link or metadata to any page or frame of the Web site, except under limited conditions you may create a link to the first or top pages of the Web site. In the event you link to the Web site from another Web site to which O’Neil objects, upon notice of such objection from O’Neil, you agree to immediately discontinue such link.

  4. Export of content

    All content available from the Web site is subject to United States export controls laws and may be subject to import and export regulations in other countries from which you access the Web site. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, reexport, or import any content to or from the Web site. You agree not to download or upload any content to or from the Web site in violation of any of such laws or regulations.

  5. Intellectual Property Rights

    All content displayed, available or present on the Web site, including, but not limited to, any trademarks, trade secrets, proprietary information, patents, and copyrights, are the property of O’Neil or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe or dilute any intellectual property of O’Neil, as well as not to remove or modify any trademark, copyright, or other proprietary notice appearing on the Web site. Except as otherwise provided in these Terms and Conditions, you are not allowed to link to, reference in metadata, reproduce, sell, publish, distribute, modify, or display the Web site or any content without the prior written permission of O’Neil.

  6. Disclaimer of Warranty and Limitation of Liability

    O’Neil believes the content and information contained in the Web site is reliable. O'Neil does not guarantee its accuracy or completeness, and O’Neil is not responsible for any errors or omissions in the content, information, or hyperlinks provided on the Web site. O’Neil does not warrant that the Web site and the servers connected to it are free of computer viruses or other harmful components. Content from the Web site is provided "as is" and "as available" without any representations or warranties whatsoever, either express or implied.

    The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit. O'Neil is not liable for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with O'Neil (including those which may contain your personal information). O'Neil takes commercially reasonable efforts to safeguard the privacy of the information you provide O'Neil and treats that information in accordance with our Privacy Policy.

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL O'NEIL BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF USE OF OR INABILITY TO USE THE WEB SITE OR CONTENT, EVEN IF O'NEIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. Governing Law

    The courts of the State of Ohio and United States federal courts shall have exclusive jurisdiction to adjudicate any dispute arising in connection with the Web site or these Terms and Conditions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio and controlling United States federal law. No choice of law rules of any jurisdiction will apply.

  8. Termination

    O’Neil reserves the right, at its sole discretion, to terminate your use of the Web site at any time without liability or prior notice for any reason. Without limiting the foregoing, O'Neil will immediately terminate your access if you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise breached any of the Terms and Conditions. Any improper or unauthorized use, reproduction, misrepresentation, and/or transmission of any O’Neil files, content, or related materials will result in the immediate termination of your use of the Web site.

  9. Severability

    If any provision of this agreement is held to be invalid, void, unenforceable, or in violation of applicable law of a jurisdiction, then all such provisions are herewith waived in such jurisdiction to the extent necessary for the Terms and Conditions to be otherwise enforceable in such jurisdiction, and all other terms and conditions of this agreement shall remain unaffected and shall continue in full force and effect.

  10. Other

    All rights not expressly granted herein are reserved by O'Neil.

    This document was last updated April 6, 2009.