Terms and Conditions

Welcome to the website (“site”) of O’NEIL & ASSOCIATES, INC., (together “ONEIL,” “we,” “us,” and “our”). This site is owned and maintained by ONEIL to provide information about our organization and services and your use of our services. Your access to and use of this site are subject to these Terms of Service (“TOS”). Please read this TOS carefully before you start to use the site. By using our site or by clicking to accept or agree to the TOS when this option is made available to you, you accept and agree to be bound and abide by the TOS and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to our TOS or our Privacy Policy, you must exit the site. You also agree to abide by all applicable local, state, federal, and international law in your use of this site and not to use this site in any manner not intended by ONEIL.

Amendment of the TOS

We reserve the right to amend the TOS without notice. If we decide to change the TOS, we will post those changes here. You are responsible for regularly monitoring this site in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on this site and your use of this site indicates your acceptance of any modified terms. The date of the most recent revisions will be provided at the top of this page.

Modification of Site and Services

We reserve the right to withdraw or modify this site and/or any service or content we provide on the site in our sole discretion without notice and without penalty. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entire site, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the site.

You are responsible for ensuring that all persons, including any children or minors, who access the site through your internet connection are aware of the TOS, and that they comply with it.

To access the site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the site that all the information you provide on the site is correct, current, and complete.

If you choose or you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify ONEIL of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from any account at the end of each session. You should use particular caution when accessing an account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of the TOS. At our sole discretion, we may terminate, change, suspend, or discontinue any aspect of the site, including, but not limited to, our offered services. We may also impose limits on certain features of the site and restrict all or part of access to this site, without notice, and without being subject to penalty.

Restrictions

This site is available only to individuals who can form legally binding contracts under applicable law. By accessing and/or otherwise using this site and/or its services, you (a) certify that you are at least eighteen (18) years of age and (b) have read and agree to be legally bound by the TOS. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. However, we will accept and store data on minors submitted by you as part of the application information required for us to provide our services.

Intellectual Property Rights

The site and its entire contents, features, and functionality (including but not limited to all information; software; text; displays; images; video and audio; and the design, selection, and arrangement thereof) are owned by ONEIL, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, sell, or exploit for any commercial purposes any part of the site, access to the site, or use of the site or any services or materials available through the site.

If you wish to make any use of material on the site other than that set out in this section, please address your request to: webmaster@www.oneil.com.

If you print, copy, modify, download, or otherwise use any part of the site in breach of the TOS, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by ONEIL. Any use of the site not expressly permitted by the TOS is a breach of the TOS and may violate copyright, trademark and other laws.

ONEIL Trademarks

Our name; logo; and all related names, logos, product and service marks, designs, and slogans are trademarks of ONEIL or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands, and marks are either used for identification purposes only, or displayed with permission, and are the trademarks of their respective owners.

Communications to ONEIL; Participation Disclaimer

Although we encourage you to e-mail us, you should not e-mail us any content that contains proprietary information. With respect to all e-mails that you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, ONEIL shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of our services that incorporate such information.

We reserve the right to block or remove communications or materials that are determined to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to ONEIL in its sole discretion.

Third-Party Sites, Products, and Services

This site may contain information provided by, and links to, third parties other than ONEIL and its affiliates that provide services to, or for, users of this site or ONEIL. ONEIL specifically does not represent or warrant it is responsible for the content or performance of third-party sites or any transactions with them. Furthermore, ONEIL disclaims all liability and makes no representations or warranties for any products or services sold or provided by any third party. Any transaction with a third party is subject to the agreements and/or the terms and conditions of the third party. Third-party links do not imply ONEIL is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of ONEIL.

Prohibited Uses

You may use the site only for lawful purposes and in accordance with the TOS. You agree not to use the site:

In any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the standards set out in the TOS.

To transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

To impersonate or attempt to impersonate ONEIL or an ONEIL employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm ONEIL, its affiliates, partners, service providers, or users of the site or expose them to liability.

Additionally, you agree not to:

Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real-time activities through the site.

Use any robot; spider; or other automatic device, process, or means to access the site for any purpose, including to monitor or copy any of the material on the site.

Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the site.

Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to; interfere with; or damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site.

Attack the site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the site.

User Contributions

The site may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features (collectively, “interactive services”) that allow you to post, submit, display, or transmit to other users (hereinafter, “post”) content or materials (collectively, “user contributions”) on or through the site.

All user contributions must comply with the content standards set out in the TOS.

Any user contribution you post to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the user contributions and have the right to grant ONEIL and its affiliates the license granted above.

You represent and warrant that all your user contributions do and will comply with the TOS, and you agree to defend, indemnify, and hold harmless ONEIL and its affiliates, partners, service providers, and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not ONEIL, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Any content and/or opinions uploaded, expressed, or submitted to the site, and all articles and responses to questions and other content, other than the content provided by ONEIL, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of ONEIL. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

Testimonials
Customers give us their permission to use testimonials. We reserve the right to use the names, company names, company logos, photographs, likenesses, images, story and/or testimonials, in whole or in part, and without restriction as to changes or alterations. We will not edit a testimonial in such a way as to create a misleading impression of the views of the person or company giving the testimonial.

Rights granted by giving a testimonial shall extend in perpetuity, unless revoked in writing to us at the address below, throughout the world and for any purpose whatsoever, including without limitation for our marketing and advertising purposes, and in any and all media, including without limitation on our website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any user contributions for any or no reason in our sole discretion.

Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion if we believe that such user contribution violates the Terms of Service, including the content standards, infringes any intellectual property right or other right, threatens the personal safety of users of the site and the public or could create liability for ONEIL.

Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the site.

Terminate your access to all or part of the site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ONEIL AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ONEIL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONEIL OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Content Standards

These content standards apply to any and all user contributions and interactive services. User contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, user contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material; violence; or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with our TOS and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests; sweepstakes; and other sales promotions, barter, or advertising.

Give the impression that they emanate from us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any user contributions violate your copyright, please contact us at: webmaster@www.oneil.com. It is the policy of ONEIL to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.

Changes to the Site

We may update the site from time to time, but its content is not necessarily complete or up to date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material. We may change the site at any time with or without notice. We may suspend access to the site or close it indefinitely.

Information About You and Your Visits to the Site

All information we collect on this site is subject to our Privacy Policy. By using the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Online Purchases

All purchases through our site or other transactions for the sale of goods or services formed through the site or as a result of visits made by you are governed by our Privacy Policy, which is incorporated into the TOS.

Links from the Site

Our site may contain links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites that may be linked to this site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Geographic Restrictions

The owner of the site is based in the state of Ohio in the United States. We provide this site for use only by persons located in the United States. We make no claims that the site or any of its content is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand we cannot and do not guarantee or warrant that files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY; ITS AFFILIATES; OR THEIR LICENSORS, PARTNERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless ONEIL, its affiliates, and its licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of the TOS or your use of the site, including, without limitation, any use of the site’s content, services, and products other than as expressly authorized in the TOS or your use of any information obtained from the site.

Governing Law and Jurisdiction

The TOS and any dispute or claim arising out of, or related to, it, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the TOS or the site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Cincinnati and County of Hamilton, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of the TOS by ONEIL shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ONEIL to assert a right or provision under the TOS shall not constitute a waiver of such right or provision.

If any provision of these TOS is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.

Entire Agreement

The TOS and our Privacy Policy constitute the sole and entire agreement between you and ONEIL with respect to the site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the site.

Your Comments and Concerns

This site is operated by ONEIL at:

495 Byers Road Miamisburg, OH 45342-3662

937-865-0800

All feedback, comments, requests for technical support, and other communications relating to the site including notices of copyright infringement claims should be directed to: webmaster@www.oneil.com

Thank you for visiting the site.