END USER AGREEMENT
The End User Agreement below applies to all products produced and distributed by ODAV
OnLine. For additional information/comments please email us at info@odav-online.com
ODAV OnLine
ONLINE END USER AGREEMENT
_______________________________________________
PLEASE READ THIS ONLINE END USER AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
USING ANY OF THE ODAV ONLINE SERVICES OFFERED BY ODAV Men & Women OnLine
("ODAV OnLine") DESCRIBED BELOW. BY USING THE SERVICES YOU ACKNOWLEDGE THAT
YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS
TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF
THE SERVICES.
1. ODAV Online eBooks. Subject to the terms of this Agreement, ODAV OnLine hereby grants to
you a limited, non-transferable, royalty-free, and non-exclusive license to use the online ebooks,
efiles, etemplates, etc. ("eBooks") and content (hereinafter the eBook and content shall be
referred to as the "Services") during the Term of this Agreement. Your use of the Services shall
be strictly in accordance with this Agreement and our Terms of Use. You are responsible for
providing and maintaining all computer equipment and software and telecommunications
services necessary to access the Services. Nothing in this Agreement grants or transfers to you or
to any third party any ownership rights in the Services, including the eBook and other intellectual
property rights related to the Services. Except as specifically set forth in this Agreement, ODAV
OnLine owns and retains all right, title, and interest in the Services and any and all related
materials.
2. Payment. For access to and use of the Services, you agree to pay the amounts set forth in
ODAV OnLine's Fee Schedule. You hereby acknowledge and agree that the subscription fee is
payable in advance for each purchased upon acceptance of this Agreement and will be
charged whether you use the Services or not. You are responsible for any taxes, including
personal property taxes or sales taxes, resulting from your use of the Services. Payments not paid
when due shall be subject to late charges equal to the lesser of (i) one and one-half percent
(1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable
law. You agree to pay all attorneys' and collection fees arising from efforts to collect any past
due amounts from you.
3. Restrictions On Use. All pages within this Website and any material made available for
download (collectively the “Website") are the property of ODAV OnLine and/or its affiliates. The
Website is protected by copyright and trademark laws and no portion of the materials on these
pages may be reprinted, republished, modified, or distributed in any form without the express
prior written permission of ODAV OnLine. Access to the Website is for your own personal use and
may not be shared with any third party. You shall keep intact any proprietary notices, including
copyright notices, contained on any downloaded materials and shall comply with any applicable
End User Agreements. Any rights not expressly granted by these Terms and Conditions or any
applicable End User Agreements are reserved by ODAV OnLine.
4. Website Availability. ODAV OnLine's Website will be accessible to you via the World Wide
Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for
scheduled maintenance and required repairs, and except for any loss or interruption of Services
due to causes beyond the control of ODAV OnLine or which are not reasonably foreseeable by
ODAV OnLine, including, but not limited to, interruption or failure of telecommunication or
digital transmission links and Internet slow-downs or failures.
5. Modifications and Changes to Services and/or Website. The ebook, content, availability and
access and all other features, attributes or aspects of the Services and Website are subject to
change, modification, additions or deletions at any time without notice in ODAV OnLine's sole
discretion.
6. Links or Pointers to Other Sites. ODAV OnLine makes no representations whatsoever about any
other website that you may access though this Website. When you access a non- ODAV OnLine
Website, you understand that it is independent from ODAV OnLine and ODAV OnLine has no
control over the content on that website. In addition, a hyperlink to a non- ODAV OnLine website
does not mean that ODAV OnLine endorses or accepts any responsibility for the content, or the
use, of the linked website. It is up to you to take precautions to ensure that whatever you select for
your use or download is free of such items as viruses, worms, trojan horses, and other items of a
destructive nature.7. Your Responsibilities. You agree to comply with our Terms of Use and all
applicable laws and regulations, including, but not limited to, those related to pornography,
obscenity, copyright, trademark, other intellectual property rights, data privacy, international
communications, import and export regulations and tax laws and regulations. You agree to notify
ODAV OnLine promptly if you suspect unauthorized use of your account. Until you notify ODAV
OnLine, you remain solely responsible for such unauthorized use and any damages that may
result therefrom. You further agree to notify ODAV OnLine immediately in the event you become
subject to any lawful order or process that would prohibit or limit your use of the Service. As a
condition of your use of this Website, you warrant to ODAV OnLine that you will not use the
Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
8. Prohibited Activities. You may not modify, reverse engineer, or decompile the eBook or
Services or create derivative works based on the eBooks or Services. You may not distribute, rent,
lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or
make any other commercial use of the Services. Except for downloading of eBook, which is
authorized, you may not publish the eBook on your own websites or any other commercial
storage medium. You may not violate any security or corrupt the Website in any way.
9. Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND
WITHOUT WARRANTY OF ANY KIND. ODAV OnLine EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. ODAV OnLine
DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SERVICES WILL BE CORRECTED. ODAV OnLine DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR
APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY ODAV OnLine OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY
RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. ODAV OnLine IS
NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF
INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
10. Limitation of Liability. IN NO EVENT SHALL ODAV OnLine BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION,
BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION)
ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE
SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL
PROPERTY INFRINGEMENT), EVEN IF ODAV OnLine HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ODAV OnLine TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID
BY YOU TO ODAV OnLine IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING
LIABILITY.
11. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by
ODAV OnLine if you are dissatisfied for any reason with the Services is to terminate this
Agreement as provided in this Agreement.
12. Term and Termination. The term of this Agreement shall commence: (i) For single seat
direct purchases via web or phone the term begins at time of purchase; (ii) For subscriptions
purchased via activation code, including, via promotion, resellers or multi-seat purchases, the
term begins upon activation of the first activation or 30 days from the date of purchase,
whichever occurs first. Annual subscriptions shall continue for a period of twelve (12) months
("Term"), unless earlier terminated as provided in this Agreement. After completion of the twelve
(12) months ("Term") this Agreement shall automatically terminate. Renewals extend
subscriptions from the anniversary date for a full term regardless of whether the renewal is
purchased prior to the anniversary date or during any applicable grace period following the
anniversary date. You may terminate this Agreement upon ODAV OnLine's failure to cure an
ongoing, material breach of this Agreement within thirty (30) days after giving ODAV OnLine
written notice of such material breach. ODAV OnLine may at any time and without advance
notice modify or restrict your use of the Services, or terminate this Agreement if ODAV OnLine
determines, in its sole discretion, that your use of the Services: (i) violates ODAV OnLine's Terms
of Use; (ii) violates any laws, regulations, court orders, or other governmental request or order
which requires immediate action; (iii) violates any intellectual property rights of ODAV OnLine or
a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a
malfunction of the Services; (vi) may expose ODAV OnLine to potential legal liability; or (vii) if
you fail to timely pay any amounts required under this Agreement.
13. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the
Services terminate immediately. You remain liable for the full charge(s) for all unexpired Term
(s). If this Agreement is terminated for any reason, other than automatic termination after
completion of the twelve (12) months ("Term"), you agree not to re-register for or otherwise
access the Services without ODAV OnLine's prior written approval. ODAV OnLine may delete any
data files associated with your use of the Services upon termination of this Agreement.
14. Choice of Law, Venue and Jurisdiction. In any action to enforce this Agreement, the
prevailing party will be entitled to costs and attorneys' fees. In the event that any of the terms and
conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable,
those provisions shall be limited or eliminated to the minimum extent necessary, so that the
remaining terms and conditions shall otherwise remain in full force and effect.
16. General Terms. Your rights and obligations under this Agreement may not be assigned or
transferred without the written permission of ODAV OnLine and any assignment or transfer in
violation of this provision shall be null and void. If any provision of this Agreement is determined
to be invalid, all other provisions will remain in force. Notice or other communication between
you, and ODAV OnLine may be given by conventional first-class mail or by email. Notices sent
by first-class mail are effective on one week after mailing. Notices sent by email are effective the
next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND
ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE
NOT TO BECOME A USER OF THE SERVICES.
The End User Agreement below applies to all products produced and distributed by ODAV
OnLine. For additional information/comments please email us at info@odav-online.com
ODAV OnLine
ONLINE END USER AGREEMENT
_______________________________________________
PLEASE READ THIS ONLINE END USER AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
USING ANY OF THE ODAV ONLINE SERVICES OFFERED BY ODAV Men & Women OnLine
("ODAV OnLine") DESCRIBED BELOW. BY USING THE SERVICES YOU ACKNOWLEDGE THAT
YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS
TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF
THE SERVICES.
1. ODAV Online eBooks. Subject to the terms of this Agreement, ODAV OnLine hereby grants to
you a limited, non-transferable, royalty-free, and non-exclusive license to use the online ebooks,
efiles, etemplates, etc. ("eBooks") and content (hereinafter the eBook and content shall be
referred to as the "Services") during the Term of this Agreement. Your use of the Services shall
be strictly in accordance with this Agreement and our Terms of Use. You are responsible for
providing and maintaining all computer equipment and software and telecommunications
services necessary to access the Services. Nothing in this Agreement grants or transfers to you or
to any third party any ownership rights in the Services, including the eBook and other intellectual
property rights related to the Services. Except as specifically set forth in this Agreement, ODAV
OnLine owns and retains all right, title, and interest in the Services and any and all related
materials.
2. Payment. For access to and use of the Services, you agree to pay the amounts set forth in
ODAV OnLine's Fee Schedule. You hereby acknowledge and agree that the subscription fee is
payable in advance for each purchased upon acceptance of this Agreement and will be
charged whether you use the Services or not. You are responsible for any taxes, including
personal property taxes or sales taxes, resulting from your use of the Services. Payments not paid
when due shall be subject to late charges equal to the lesser of (i) one and one-half percent
(1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable
law. You agree to pay all attorneys' and collection fees arising from efforts to collect any past
due amounts from you.
3. Restrictions On Use. All pages within this Website and any material made available for
download (collectively the “Website") are the property of ODAV OnLine and/or its affiliates. The
Website is protected by copyright and trademark laws and no portion of the materials on these
pages may be reprinted, republished, modified, or distributed in any form without the express
prior written permission of ODAV OnLine. Access to the Website is for your own personal use and
may not be shared with any third party. You shall keep intact any proprietary notices, including
copyright notices, contained on any downloaded materials and shall comply with any applicable
End User Agreements. Any rights not expressly granted by these Terms and Conditions or any
applicable End User Agreements are reserved by ODAV OnLine.
4. Website Availability. ODAV OnLine's Website will be accessible to you via the World Wide
Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for
scheduled maintenance and required repairs, and except for any loss or interruption of Services
due to causes beyond the control of ODAV OnLine or which are not reasonably foreseeable by
ODAV OnLine, including, but not limited to, interruption or failure of telecommunication or
digital transmission links and Internet slow-downs or failures.
5. Modifications and Changes to Services and/or Website. The ebook, content, availability and
access and all other features, attributes or aspects of the Services and Website are subject to
change, modification, additions or deletions at any time without notice in ODAV OnLine's sole
discretion.
6. Links or Pointers to Other Sites. ODAV OnLine makes no representations whatsoever about any
other website that you may access though this Website. When you access a non- ODAV OnLine
Website, you understand that it is independent from ODAV OnLine and ODAV OnLine has no
control over the content on that website. In addition, a hyperlink to a non- ODAV OnLine website
does not mean that ODAV OnLine endorses or accepts any responsibility for the content, or the
use, of the linked website. It is up to you to take precautions to ensure that whatever you select for
your use or download is free of such items as viruses, worms, trojan horses, and other items of a
destructive nature.7. Your Responsibilities. You agree to comply with our Terms of Use and all
applicable laws and regulations, including, but not limited to, those related to pornography,
obscenity, copyright, trademark, other intellectual property rights, data privacy, international
communications, import and export regulations and tax laws and regulations. You agree to notify
ODAV OnLine promptly if you suspect unauthorized use of your account. Until you notify ODAV
OnLine, you remain solely responsible for such unauthorized use and any damages that may
result therefrom. You further agree to notify ODAV OnLine immediately in the event you become
subject to any lawful order or process that would prohibit or limit your use of the Service. As a
condition of your use of this Website, you warrant to ODAV OnLine that you will not use the
Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
8. Prohibited Activities. You may not modify, reverse engineer, or decompile the eBook or
Services or create derivative works based on the eBooks or Services. You may not distribute, rent,
lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or
make any other commercial use of the Services. Except for downloading of eBook, which is
authorized, you may not publish the eBook on your own websites or any other commercial
storage medium. You may not violate any security or corrupt the Website in any way.
9. Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND
WITHOUT WARRANTY OF ANY KIND. ODAV OnLine EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. ODAV OnLine
DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SERVICES WILL BE CORRECTED. ODAV OnLine DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR
APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY ODAV OnLine OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY
RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. ODAV OnLine IS
NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF
INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
10. Limitation of Liability. IN NO EVENT SHALL ODAV OnLine BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION,
BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION)
ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE
SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL
PROPERTY INFRINGEMENT), EVEN IF ODAV OnLine HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ODAV OnLine TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID
BY YOU TO ODAV OnLine IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING
LIABILITY.
11. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by
ODAV OnLine if you are dissatisfied for any reason with the Services is to terminate this
Agreement as provided in this Agreement.
12. Term and Termination. The term of this Agreement shall commence: (i) For single seat
direct purchases via web or phone the term begins at time of purchase; (ii) For subscriptions
purchased via activation code, including, via promotion, resellers or multi-seat purchases, the
term begins upon activation of the first activation or 30 days from the date of purchase,
whichever occurs first. Annual subscriptions shall continue for a period of twelve (12) months
("Term"), unless earlier terminated as provided in this Agreement. After completion of the twelve
(12) months ("Term") this Agreement shall automatically terminate. Renewals extend
subscriptions from the anniversary date for a full term regardless of whether the renewal is
purchased prior to the anniversary date or during any applicable grace period following the
anniversary date. You may terminate this Agreement upon ODAV OnLine's failure to cure an
ongoing, material breach of this Agreement within thirty (30) days after giving ODAV OnLine
written notice of such material breach. ODAV OnLine may at any time and without advance
notice modify or restrict your use of the Services, or terminate this Agreement if ODAV OnLine
determines, in its sole discretion, that your use of the Services: (i) violates ODAV OnLine's Terms
of Use; (ii) violates any laws, regulations, court orders, or other governmental request or order
which requires immediate action; (iii) violates any intellectual property rights of ODAV OnLine or
a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a
malfunction of the Services; (vi) may expose ODAV OnLine to potential legal liability; or (vii) if
you fail to timely pay any amounts required under this Agreement.
13. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the
Services terminate immediately. You remain liable for the full charge(s) for all unexpired Term
(s). If this Agreement is terminated for any reason, other than automatic termination after
completion of the twelve (12) months ("Term"), you agree not to re-register for or otherwise
access the Services without ODAV OnLine's prior written approval. ODAV OnLine may delete any
data files associated with your use of the Services upon termination of this Agreement.
14. Choice of Law, Venue and Jurisdiction. In any action to enforce this Agreement, the
prevailing party will be entitled to costs and attorneys' fees. In the event that any of the terms and
conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable,
those provisions shall be limited or eliminated to the minimum extent necessary, so that the
remaining terms and conditions shall otherwise remain in full force and effect.
16. General Terms. Your rights and obligations under this Agreement may not be assigned or
transferred without the written permission of ODAV OnLine and any assignment or transfer in
violation of this provision shall be null and void. If any provision of this Agreement is determined
to be invalid, all other provisions will remain in force. Notice or other communication between
you, and ODAV OnLine may be given by conventional first-class mail or by email. Notices sent
by first-class mail are effective on one week after mailing. Notices sent by email are effective the
next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND
ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE
NOT TO BECOME A USER OF THE SERVICES.
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