Terms of Use

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Terms of use

Last Updated: September 25, 2020

The policies below are applicable to the On Lok, Inc. website located at www.onlok.org, any affiliated websites (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by On Lok, Inc. and all other interactive features, services, and communications provided by On Lok, Inc. (“Web Site”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by On Lok, Inc., (collectively “On Lok, Inc.” or “we”, “us”, or “our”). BY USING OUR WEB SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

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.

Privacy.

Data collection and use, including data collection and use of personally identifiable information is governed by On Lok Inc.’s Privacy Policy which is incorporated into and is a part of this Agreement. Links

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.

Copyrights

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.

Trademarks/No Endorsement.

All trademarks, service marks and trade names of On Lok, Inc. used herein (including but not limited to: the On Lok, Inc. name, On Lok, Inc. corporate logo, the Web Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of On Lok, Inc. or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify On Lok, Inc. trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without On Lok, Inc.’s prior written consent. The use of On Lok, Inc. trademarks on any other web site or network computer environment is not allowed. You will not use On Lok, Inc.’s name or any language, pictures or symbols which could, in On Lok, Inc.’s judgment, imply On Lok, Inc.’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Termination

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.

Inappropriate Material.

You are prohibited from using the Web Site to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Web Site at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Access and Interference.

You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

Right to Takedown Content.

On Lok, Inc. shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny access to any user who fails to conform to any provision of these Terms and Conditions of Use access to the Web Site.

General Provisions

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.

Survival

The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” and General Provisions” will survive termination of this agreement.