IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14
By using the Site, you represent and warrant
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.
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.
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.
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 info@myOGSM.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
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.
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.
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.
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.
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.
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.
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.
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:
The Administrator can be reached via email at info@myOGSM.com. 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.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
myOGSM’s customer support (“Customer Support”) can be reached via the “Contact myOGSM” link under the Menu or by email at info@myOGSM.com 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.
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.
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
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.
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.
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.