IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14

1. Acceptance of terms.

The website myOGSM.com (“Site”) which includes all of the text, images, audio, code, and other material they contain or provide (collectively, the “Content”) and all of the features and other services they provide — are owned and operated by MyOGSM, LLC, a Texas limited liability company (“myOGSM”). Please read these terms, rules, and conditions of use (“Terms of Use”) carefully before using the Site. By using or otherwise accessing the Site, you (1) accept and agree to these Terms Of Use and (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. If you do not agree to all the Terms of Use, then you may not access or use the Site or Content. myOGSM may issue additional terms, rules, and conditions. YOU AGREE TO BE SUBJECT TO ALL THESE TERMS OF USE BY USING THE SITE; IF YOU DO NOT AGREE TO ALL THE TERMS, DO NOT USE OR ACCESS THE SITE.

2. Modification of Terms of Use.

Except for Section 15, providing for binding arbitration and waiver of class action rights, myOGSM reserves the right, at its sole discretion, to modify or replace, add or remove portions of the Terms of Use at any time. The most current version of these Terms of Use will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms of Use, in our sole discretion, is material, we will notify you or your company by contacting you through the email address associated with your account (“Membership Account”). Use of the Site by you after any modification to the Terms of Use constitutes your acceptance of the Terms of Use as modified.

3. Eligibility.

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

By using the Site, you represent and warrant

  • you are 18 years of age or older;
  • you are a citizen or resident of the United States of America and have an address in the United States of America or Canada (or otherwise lawfully agree to jurisdiction in the United States);
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • You are employed by a company that is currently licensing use of this Site; and
  • you will abide at all times by these Terms of Use and any other agreements between you and myOGSM regarding your use of the Site.

IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS OF THIS SECTION, THEN YOU ARE NOT AUTHORIZED TO USE THE SITE. myOGSM may require you to provide proof that you are eligible to use this Site according to this section. This includes by requesting that you fill out an affidavit of eligibility. To the extent myOGSM requests that you fill out such an affidavit and you fail to do so within 2 business days, or if myOGSM determines that you do not meet the eligibility requirements of this section, in addition to any rights that myOGSM may have in law or equity, myOGSM reserves the right to terminate your Membership Account.

You may establish, maintain, use, and control only one Membership Account on the Site. In the event myOGSM determines you have opened, maintained, used or controlled more than one Membership Account, in addition to any other rights that myOGSM may have, myOGSM reserves the right to suspend or terminate any or all of your accounts.

myOGSM employees may use the Site for the purpose of testing the user experience, and may review any information uploaded to the Site for such purpose.

4. Conditions of use.

Registration

In order to use the Site to access the premium content (“Premium Content”), you must register for a Membership Account. By registering as a user of the Site, you agree to provide accurate, current, and complete information about yourself as prompted (such information being the Membership Account data (“Account Data”) and maintain and promptly update the Account Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current, incomplete, or myOGSM has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, myOGSM may deny you access, or terminate your Membership Account, at its sole discretion.

Membership Account Password and Security

At the time of registration for your Membership Account, you must provide a valid email address and supply a Username and Password to be used in conjunction with your Membership Account. You may not use a Username that promotes a commercial venture or a Username that myOGSM is its sole discretion deems offensive. You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Site that you use or have ever used outside of the Site; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify myOGSM of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Premium Content. myOGSM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that myOGSM is authorized to act on instructions received through the use of your Username and Password, and that myOGSM may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason. myOGSM may require you to change your Username or may unilaterally change your Username at its sole discretion.

Communications and Information Practices

As a result of your registration for the Site, you may receive certain commercial communications from myOGSM. You understand and agree that these communications ARCHPOINT GROUP 5 are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by sending an email to [email protected] Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

Termination or Cancellation

myOGSM, in its sole discretion, may suspend or terminate your Membership Account from the Site, if you engage in conduct myOGSM deems, in its sole discretion, to be improper, unfair, or otherwise adverse to the operation of the Site or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information; tampering with the administration of the Site or trying to in any way tamper with the computer programs associated with the Site; obtaining other users’ information and spamming other users; and abusing the in any way; or otherwise violating these Terms of Use. You acknowledge myOGSM can and will pursue criminal or civil proceedings in connection with such conduct. If for any reason the Site is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of myOGSM corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site), myOGSM reserves the right, in its sole discretion, to terminate any individual’s account or modify or suspend access to the Site. If such cancellation, termination, modification, or suspension occurs, notification may be posted on the Site.

The failure of myOGSM to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of ARCHPOINT GROUP 6 governmental authorities outside of the control of myOGSM (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

5. Conduct.

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by myOGSM. By way of example, and not as a limitation, you agree not to:

  • abuse, harass, impersonate, intimidate, or threaten other myOGSM users;
  • post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
  • use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any myOGSM user;
  • create or submit unwanted email (“Spam”) to any other myOGSM users;
  • infringe upon the intellectual property rights of myOGSM, its users, or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any “robot”, “spider”, “deep-link”, “page-scrape”, sniping software, or other automated means (e.g. program, device, methodology, algorithm, or any similar equivalent manual process, etc.) to access, copy, or monitor any portion the Site or any Content for any purpose (except for RSS feed access) without myOGSM’s express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on myOGSM’s infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures myOGSM may use to prevent or restrict access to the Site;
  • use artificial means, including creating multiple user accounts, to post on myOGSM forums and community;
  • advertise to, or solicit, any user to buy or sell any products or service, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • sell or otherwise transfer your profile;

Violation of these rules may result in the removal of your content from the Site and/or the canceling of your Membership Account. You acknowledge and agree that myOGSM may remove any User Content, defined below, and terminate any myOGSM account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us via email at [email protected]

INTERNATIONAL USE

myOGSM is hosted in the United States. If you use the myOGSM Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States ARCHPOINT GROUP 8 and agree that myOGSM’s collection, storage and reporting of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located. Export Control: You much comply with the export control laws of the United States and other applicable countries.

User Content

You understand that all content made available on the Site by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not myOGSM, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will myOGSM be liable in any way for any User Content.

You acknowledge that myOGSM may or may not pre-screen User Content, but that myOGSM and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify, and/or move any User Content available via the Site. Without limiting the foregoing, myOGSM and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable in myOGSM’s sole discretion. You understand by using the Site, you may be exposed to User Content you may consider to be offensive or objectionable. You agree you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree you bear the sole risk of reliance on any User Content available on or through the Site.

With respect to User Content you submit or otherwise make available on or to the Site, you grant myOGSM an irrevocable, fully sub-licensable, perpetual, world-wide, royaltyfree, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Site. myOGSM reserves the right, but has no obligation, to monitor disputes between you and other users.

6. Indemnity.

You agree to release and to indemnify, defend and hold harmless myOGSM and its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims, or actions of any kind whatsoever arising or resulting from your use of the Site, your violation of these Terms of Use, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. myOGSM reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with myOGSM in the defense of such matter.

7. Warranty disclaimers.

OU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MYOGSM DOES NOT PROMISE OR WARRANT THAT THE SITE, ARCHPOINT GROUP 10 ITS CONTENTS, OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, (INCLUDING THE SERVICES AND ITS CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MYOGSM HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO OR USE THE SITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE MYOGSM FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE. THE SITE MAY CONTAIN, OR DIRECT YOU TO OTHER WEBSITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. MYOGSM MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, AND MYOGSM WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.

8. Limitation on liability.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE OR ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE OR ANY CONTENT MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND ARCHPOINT GROUP 11 AGREE THAT YOUR USE OF THE SITE OR ANY CONTENT IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MYOGSM NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF MYOGSM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR CONTENT; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE; ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR CONTENT OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYOGSM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND ARCHPOINT GROUP 12 REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED DOLLARS ($500).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9. Our proprietary rights.

All title, ownership, and intellectual property rights in and to the Site are owned by myOGSM or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by myOGSM, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Site, in whole or in part.

10. Links.

This Site may contain links to other independent third-party World Wide Web sites or resources (“Linked Sites”). Because myOGSM has no control over these Linked Sites, you acknowledge and agree that myOGSM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites. You further acknowledge and agree that myOGSM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any Linked Sites.

11. Termination and suspension.

myOGSM may terminate or suspend your Membership Account immediately, without prior notice or liability, if you breach any of the Terms of Use. Upon termination of your Membership Account, your right to use the Site will immediately cease. If you wish to terminate your Membership Account, you may contact the administrator (“Administrator”) via email at [email protected] with a note stating you wish to cancel your Membership Account. The cancellation will be effective immediately upon receipt by the Administrator. However, should you change your mind and would like to reactivate your Membership Account, you can contact the Administrator requesting a reactivation. Termination of your Membership Account does not terminate your company’s license or its obligation to make payments. The following provisions of the Terms of Use survive any termination of these Terms of Use: CONDITIONS OF USE (except for Registration and Account Password and Security); DISCLAIMERS; CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your Membership Account as part of the suspension, and you should communicate with myOGSM regarding restoration of your Membership Account via email at [email protected]

12. No third-party beneficiaries.

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

13. Notice and procedure for making claims of copyright infringement.

myOGSM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide the Administrator a written Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Administrator can be reached via email at [email protected] To be valid, a Notice must be in writing and must follow the instructions above. You may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

14. Binding arbitration and class action waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution

myOGSM’s customer support (“Customer Support”) can be reached via the “Contact myOGSM” link under the Menu or by email at [email protected] to address any concerns you may have regarding the Site. Our Customer Support can resolve most concerns quickly to your satisfaction. The parties shall use their best efforts through this Customer Support process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including their formation, performance, and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to any claim that all or any part of these Terms of Use are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, myOGSM will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, myOGSM will pay all of the actual filing and arbitrator fees for the arbitration (under $10,000). The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location

If you are a resident of the United States, arbitration will take place in San Antonio, Texas and you agree to submit to the personal jurisdiction of any federal or state court in that location, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MYOGSM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Changes to this Section

myOGSM will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

ARCHPOINT GROUP 18 For any dispute not subject to arbitration you and myOGSM agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Bexar County, San Antonio, TX. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms of Use and the relationship between you and myOGSM shall be governed by the laws of the State of Texas without regard to conflict of law provisions.

15. General Information.

Entire Agreement

These Terms of Use (and any additional terms myOGSM may post on the Site) constitute the entire agreement between you and myOGSM with respect to the Site and supersedes any prior agreements, oral or written, between you and myOGSM.

Waiver and Severability of Terms of Use

The failure of myOGSM to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Section Titles

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect

Communications and Feedback

Users with questions, complaints, or claims with respect to the Site may contact us using the relevant contact information set forth above. Any feedback you provide at this site shall be deemed to be non-confidential, and myOGSM shall be free to use such information on an unrestricted basis.

The information contained in this website is subject to change without notice.