Welcome to the website and mobile application of OME Holding Company ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of any website, domain or subdomain made available by Company, including without limitation, www.onlinemeded.com, and any content, functionality and services offered on or through any such site, domain or subdomain (the "Websites") and the OnlineMedEd Mobile Application and any other mobile software applications for access to and use of certain components of the service made available by us (collectively, the “App”), whether as a guest or registered user. As used in these Terms of Service, “OnlineMedEd”, “our service”, “OnlineMedEd service” or “the service” means the service provided by OnlineMedEd for consuming OnlineMedEd content, including all features and functionalities, our service, and user interfaces, as well as all content and software associated with our service.
The service is offered and available to users who are 18 years of age or older. By using the service, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the service.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Service and Account Security
We reserve the right to withdraw or amend the Websites, the App and any service or material we provide on either, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites or the App, or the entire Website or App, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Websites and the App.
- Ensuring that all persons who access the service through your Internet connection or on your behalf are aware of these Terms of Service and comply with them.
If you choose, or 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 other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security.
We have the right to disable any username, password, or other identifier, 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 violated any provision of these Terms of Service.
All information available through the service is intended for adults who are current or prospective medical students or licensed healthcare professionals. The service is not meant to serve as a substitute for your own clinical judgment as a medical student or healthcare professional. The Company does not provide medical advice. If you are a consumer who chooses to use the information available through the service, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Websites with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.
At times, information contained on the service may require updating to reflect new advances or technologies in the marketplace. It should be noted that the service is intended to be a general guide and cannot be substituted for professional advice.
Fees, Subscriptions, and Cancellation
You agree to pay all agreed upon fees for all subscriptions for access to our services for a specified period of time (a “Subscription”), and any other plans, items or products ordered through the service as set forth in the order confirmation page ("Fees") in accordance with the terms set forth herein and any additional terms set forth on the service, including on the order confirmation page. All Subscriptions shall automatically renew at the end of the initial term set forth in the order confirmation page pursuant to the pricing and terms set forth on the order confirmation page unless otherwise mutually agreed in writing between the Company and you. For example, if you initially purchase an annual Subscription, at the end of your initial twelve-month Subscription term, your Subscription shall automatically renew on each subsequent month thereafter unless earlier cancelled pursuant to the terms set forth herein. We may also run specials in our sole discretion periodically allowing you to access the service on a discounted basis. Such specials may be subject to additional terms and conditions which are communicated to you by us, such as unique file caps or only specific content types.
You may cancel your Subscription at any time before the end of the current billing period, trial or promotion. Cancellation will take effect at the end of the current billing period unless otherwise communicated to you by the Company. If you do cancel your Subscription, you will continue to have access to OnlineMedEd through the end of your current billing period, unless you are subscribed through a trial, promotion or other credit, in which case cancellation may be effective immediately. You must cancel your Subscription prior to 11:59 p.m. ET on the day before your next recurring billing date in order to avoid being charged for the next billing period. If you do not timely cancel your Subscription, your subscription will be renewed at the price in effect at the time of renewal or the price provided in the terms of your trial or promotion, without any additional action by you, and you authorize us to charge your payment method for such amounts. To cancel your Subscription, you may navigate to your account profile and follow the instructions there or reach out to our customer support team directly at email@example.com.
You hereby authorize us or our billing agent(s), as applicable, to charge your payment method on file for all Fees that have become due and payable, plus any applicable taxes, including without limitation during any applicable renewal term for your Subscription. You agree to provide the Company updated information regarding your credit card account upon the Company’s request, and any time the information earlier provided is no longer valid. If payment is not received by the Company from your credit card issuer, you agree to pay all amounts due upon demand by the Company. You acknowledge that your Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Fees.
To cancel your Subscription, you may contact our support team at firstname.lastname@example.org or cancel online. If you cancel your Subscription, your access to our services will continue until the end of your then-current Subscription term, but your Subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the Fees paid for the then current Subscription term, except as required by applicable law.
All Fees exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the service, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on our net income, and you shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts. If you are legally required to withhold any amounts to be paid to us, you will deduct such taxes from the amount otherwise owed, pay the tax to the appropriate taxing authority, and provide to us on a timely basis properly executed certificates, receipts or other documentation as evidence of such tax payment to the taxing authority, sufficient to permit us to establish our right to a credit for such taxes against our income tax liability. You shall provide us with such assistance as we shall reasonably request in connection with any application by us to qualify for the benefit of a reduced rate of withholding taxation under the terms of any applicable income tax treaty.
If the Company permits you to use a credit card to pay for any Fees, you will be asked to provide the Company with a credit card number from a card issuer that we accept. The Company may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
As a registered user of our services, we may, at our sole discretion, issue you credits redeemable for digital services on our services or for products, such as books and other documentation ("Credits"). Credits may only be redeemed through our services, have no cash value, and are non-transferrable and non-refundable. All Credits are valid for a limited time as described by Company at the time the Credits are issued. Credits expire immediately upon the cancellation or termination of your Subscription, so it is up to you to use all Credits prior to any such cancellation or termination.
Right to Access; Intellectual Property Rights
Subject to and conditioned upon your compliance with these Terms of Service and the Thinkific Terms, we hereby grant you the personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access the service only for your personal and non-commercial use to access the medical knowledge resources contained therein. Your access to and use of the service must further comply in all respects with all usage guidelines posted by us.
The service, including the Websites and the App and each of their entire contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), and all right title and interest into the foregoing (including all intellectual property rights) are owned by the Company, 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. The service is protected by U.S. and international copyright and other intellectual property laws and treaties. We reserve all rights not expressly granted to you in this Terms of Service.
The Company names, the terms OnlineMedEd, OME, the Company logo, and any other names, logos, product and service names, designs, and slogans that we make available on the service (“Marks”) are property of the Company or its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. You will not remove or alter the Marks or any proprietary notices on the service. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with the Company. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to the Company’s benefit.
User Conduct and Restrictions
In your use of the service, you will not:
- use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the service, except as expressly permitted under this Terms of Service;
- reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the service;
- interfere with or disrupt the integrity or performance of the service, including by disrupting the ability of any other person to use or enjoy the service;
- provide use of the service on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the service or "frame" or "mirror" the service on any other server, or wireless or Internet-based device;
- access the service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the service;
- violate any applicable local, state, provincial, federal or international law or regulation, or use the service for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
- remove or obscure any proprietary notice that appears within the service;
- impersonate any person or entity, including our personnel, or falsely state or otherwise misrepresent your affiliation with us, or any other entity or person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
- take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or
- use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the service; or download, reproduce, or archive any substantial portion of the service.
You will not: upload, post, email, store, transmit, or otherwise make available any content that:
- is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, abusive, offensive, violent, inflammatory, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
- may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
- infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
- contains any personally identifiable information, including protected health information (PHI), as defined by the HIPAA Privacy Rule, located at 45 CFR Part 160 and Subparts A and E of Part 164;
- promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
- gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
- contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
- contains infringing, libelous, or otherwise unlawful or tortious material; or
- consists of information that you know or have reason to know is false or inaccurate.
Our failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this Terms of Service by us, and does not create a private right of action for any other party.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the service in breach of the Terms of Service, your right to use the service 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 service or any content on the service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The service may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the service.
All User Contributions must comply with the terms and conditions set out in these Terms of Service. Any User Contribution you post to the service will be considered non-confidential and non-proprietary. By providing any User Contribution on the service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise 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 the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites
Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Third Party Materials
Our services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Monitoring and Enforcement
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, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for the Company.
- Disclose your identity or other information about you 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 Websites.
- Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.
- Notify your educational institution of potentially infringing or violative content posted by you, or potential acts of fraud.
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 or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR BECAUSE OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Websites, 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 section.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the service infringe your copyright, you may request removal of those materials (or access to them) from the service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive DMCA Notices is:
Agent for Notice of Copyright Claim
2903 Greenlawn Pkwy, Austin, TX 78757
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information and material presented on or through the service is made available solely for general information purposes and is intended for current or prospective medical students or licensed healthcare professionals. 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 service, or by anyone who may be informed of any of its contents.
This service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Service
We may update the content on the service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the service may be out of date at any given time, and we are under no obligation to update such material.
Privacy and Consent to Share Certain Information
The service does not collect any personally identifying information about you except when you expressly provide it. You agree that the Company can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner.
Links from the Service
The service may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of service and privacy policies may apply to your use of such Third Party Services and that such terms and policies are solely between you and the advertiser or other third party. You agree that we do not endorse and are not responsible or liable for any issues related to Third Party Services.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the service 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 SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, INCLUDING THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING THE WEBSITES ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE 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 WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, INCLUDING THE WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE, INCLUDING THE THINKIFIC SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU FURTHER UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION, MALFUNCTION OR FAILURE OF THINKIFIC’S HOSTING SERVICES AS APPLICABLE TO THE SERVICE, ANY DOWNTIME THINKIFIC MAY EXPERIENCE RELATED TO MAINTENANCE, OR ANY OTHER INACCESSIBILITY.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, 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 WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, 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.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, the Thinkific Terms or your use of the service, including, but not limited to, your User Contributions, any use of the content, services and products made available on the service, other than as expressly authorized in these Terms of Service or your use of any information obtained from the service.
Waiver of Class Action Rights
BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
Governing Law and Jurisdiction
All matters relating to our service and these Terms of Service and any dispute or claim arising therefrom or related thereto (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 Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or our service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You 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
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal 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 Terms of Service will continue in full force and effect.
Your Comments and Concerns
Our service is operated by OME Holding Company, 2111 Kramer Lane, Suite 100, Austin, TX 78758.
All other feedback, comments, requests for technical support and other communications relating to our service should be directed to: email@example.com.