TERMS OF USE [SERVICE]
1. User's Acknowledgment and Acceptance of Terms of Use. ODAV Men & Women (“ODAV OnLine”, “we” or “us”) provides
the ODAV OnLine site and various related services (together referred to as this "site") subject to your compliance with all of
the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written
agreement between us (or your company). In addition, when using particular services or materials on this site, users shall
be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and
conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference
into these Terms of Use.
1.1 BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.
YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
1.2 These Terms of Use are effective as of April 01, 2008. We reserve the right to change these Terms of Use from time to
time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of
Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will
constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified
Terms of Use.
1.3 As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2 Description of Services. ODAV OnLine makes various services available on this site including, but not limited to, an
online efiles, ebook, & etemplates library. Fees for the various services are set out in the membership and service fees
described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to
use the services, including a computer and Internet access (including payment of telephone service fees associated with
such access).
2.1 We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or
without notice to you. Any new features that augment or enhance the then-current services on this site shall also be
subject to these Terms of Use.
2.2 You understand and agree that temporary interruptions of the services available through this site may occur as normal
events. You further understand and agree that ODAV OnLine has no control over third party networks you may access in
the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond
our control.
2.3 You understand and agree that the services available on this site are provided "AS IS" and that we assume no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization
settings.
3 Registration Data and Privacy.
3.1 In order to access some of the services on this site, you will require a separate account and password that can be
obtained by completing our online registration form, which requests certain information and data ("Registration Data") and
maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the
Registration Data is true and accurate and that you will maintain and update this information as required in order to keep
it current, complete and accurate. 3.2 You also grant us the right to disclose to third parties certain Registration Data
about you. The information we obtain through your use of this site, including your Registration Data, is subject to our
Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4 Payment of Fees.
4.1 If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such
service. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing
information, including without limitation, your name, address and telephone number, and if you pay by credit card, valid
credit card information, and to provide us with any changes in such information within ten (10) days of the change.
4.2 If you pay by credit card, and for any reason your credit card company refuses to pay the amount billed for the service,
you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the
overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated
accounts.
4.3 You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you
remain responsible, even if you do not use the service.
4.4 In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred
to recover sums due, including reasonable attorneys' fees and other legal expenses.
5 Conduct on Site.
5.1 Your use of the site is subject to all applicable laws and regulations, including Netiquette and you are solely
responsible for the contents of your communications through the site. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library, or other interactive service that may be
available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate
distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
5.1.1 Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our
rules or policies;
5.1.2 Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
5.1.3 Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5.1.4 Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
5.1.5 Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
5.1.6 Impersonates any person or entity, including any of our staff or representatives.
5.2 We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users
of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat
rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through
this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment,
does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your
Materials" below for a description of the procedures to be followed in the event that any party believes that content posted
on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any
party.
5.3 You may not use your account to breach security of another account or attempt to gain unauthorized access to
another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall
not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network
security may incur criminal or civil liability.
5.4 You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you
for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating with law enforcement authorities in
investigating suspected criminal violations.
6 Third Party Sites and Information. This site may link you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other parties. These sites may contain information
or material that some people may find inappropriate or offensive. These other sites and parties are not under our control,
and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply
endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7 Intellectual Property Information. Copyright © 2008, ODAV OnLine. All Rights Reserved.
7.1 For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video,
graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in
no way limited to, message boards, chat, and other original content.
7.2 By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of
ODAV OnLine and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior
written permission from us or the specific content provider, and you are solely responsible for obtaining permission before
reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site
may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
7.3 Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site
will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right of any party.
7.4 The following are registered trademarks, trademarks or service marks of ODAV OnLine or its Affiliates: ODAV OnLine.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ODAV
OnLine or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms
of Use grants you any right to use any trademark, service mark, logo, and/or the name of ODAV OnLine or its Affiliates.
8 User's Materials.
8.1 Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by
electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain
all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up,
perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use
such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
8.2 Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
8.3 We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its
copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send
notification to us immediately at info@odavonline.com . To be effective, the notification must include:
8.3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
8.3.2 Identification of the copyrighted work claimed to have been infringed;
8.3.3 Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number
and, if available, an electronic mail address at which the complaining party may be contacted;
8.3.4 Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be
removed and information reasonably sufficient to permit us to locate the materials;
8.3.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, agent, or the law; and
8.3.6 A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
8.4 You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately
remove the identified materials from our site without liability to you or any other party.
9 Disclaimer of Warranties.
9.1 ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. 9.2 THIS
SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
9.3 THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH
THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
9.4 Through your use of the site, you may have the opportunities to engage in commercial transactions with other users
and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and
you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH
THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
9.5 Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are
incorporated by reference into these Terms of Use.
9.6 Content available through this site often represents the opinions and judgments of an information provider, site user, or
other person or entity not connected with ODAV OnLine. We do not endorse, nor are we responsible for the accuracy or
reliability of, any opinion, advice, or statement made by anyone other than an authorized ODAV OnLine spokesperson
speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for
further information, which policies are incorporated by reference into these Terms of Use.
9.7 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10 Limitation of Liability.
10.1 Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of
this site shall be limited to the amount you paid us for the services on the site during the twelve (12) month period before
the act giving rise to the liability.
10.2 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED
OR LINKED TO FROM THIS SITE.
10.3 FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
10.4 SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11 Indemnification. Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including reasonable attorney's fees that arise from your use or misuse of this site. We
reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12 Participation in Promotions. From time to time, this site may include advertisements offered by third parties. You may
enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such
correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence or promotions, are solely between you and
the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13 Use of Site and Storage of Material.
13.1 You acknowledge that we may establish general practices and limits concerning use of the services available on our
site, including without limitation, the maximum number of days that uploaded content will be retained on the site, the
maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the services in a given period of time. You agree that we have no
responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site.
You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee and/or are inactive
for an extended period of time. You further acknowledge that we reserve the right to change these general practices and
limits at any time, in our sole discretion, with or without notice.
13.2 The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by
one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network
performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may
result in termination of your account or limitation of your activities.
14 Security and Password. You are solely responsible for maintaining the confidentiality of your password and account
and for any and all statements made and acts or omissions that occur through the use of your password and account,
including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access
to your password and account. Our personnel will never ask you for your password. You may not transfer or share your
account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized
transfer or sharing thereof.
15 International Use. Although this site may be accessible worldwide, we make no representation that materials on this site
are appropriate or available for use in any locations, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void
where prohibited.
17 Termination of Use.
17.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or
without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law
enforcement authorities.
17.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this
site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further access to such files or this site. We shall not be
liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions
taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for
any unpaid fees, shall survive any termination. 18 Governing Law. This site (excluding any linked sites) is controlled by us.
It can be accessed from other countries around the world. As each of these places has laws that may differ from each
other, by accessing this site both of us agree governing laws shall be strictly observed.
19 Notices.
19.1 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must
be sent to the attention of Customer Service at customerservice@odavonline.com <mailto:customerservice@odavonline.
com>. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you
as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of
changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
19.2 Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such
communication (1) on the delivery date if delivered personally to the party; of receipt; (2) one week business days after the
mailing date, return receipt requested; (3) on the delivery date if transmitted by confirmed facsimile; or (4) on the delivery
date if transmitted by confirmed email.
20 Entire Agreement. These terms and conditions constitute the entire agreement and understanding between us
concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect
thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to
additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of
Use, these Terms of Use shall take precedence.
21 Miscellaneous. Any action to enforce these Terms of Use, the prevailing party will be entitled to costs and expenses,
including without limitation, reasonable expert witnesses' fees, and reasonable attorneys' fees. Any cause of action
brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed
forever waived and barred.
21.1 You may not assign your rights and obligations under these Terms of Use to anything party, and any purported
attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.
21.2 You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site,
or use of or access to this site.
21.3 In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in
delivery of products and services available through our site arising from any event beyond our reasonable control, whether
or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable
control, whether or not similar to those which are enumerated above.
21.4 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
21.5 Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a
waiver of that right or provision.
22 Contact Information. Except as explicitly noted on this site, the services available through this site are offered by ODAV
OnLine. If you notice that any user is violating these Terms of Use, please contact us at customerservice@odavonline.com
1. User's Acknowledgment and Acceptance of Terms of Use. ODAV Men & Women (“ODAV OnLine”, “we” or “us”) provides
the ODAV OnLine site and various related services (together referred to as this "site") subject to your compliance with all of
the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written
agreement between us (or your company). In addition, when using particular services or materials on this site, users shall
be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and
conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference
into these Terms of Use.
1.1 BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.
YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
1.2 These Terms of Use are effective as of April 01, 2008. We reserve the right to change these Terms of Use from time to
time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of
Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will
constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified
Terms of Use.
1.3 As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2 Description of Services. ODAV OnLine makes various services available on this site including, but not limited to, an
online efiles, ebook, & etemplates library. Fees for the various services are set out in the membership and service fees
described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to
use the services, including a computer and Internet access (including payment of telephone service fees associated with
such access).
2.1 We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or
without notice to you. Any new features that augment or enhance the then-current services on this site shall also be
subject to these Terms of Use.
2.2 You understand and agree that temporary interruptions of the services available through this site may occur as normal
events. You further understand and agree that ODAV OnLine has no control over third party networks you may access in
the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond
our control.
2.3 You understand and agree that the services available on this site are provided "AS IS" and that we assume no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization
settings.
3 Registration Data and Privacy.
3.1 In order to access some of the services on this site, you will require a separate account and password that can be
obtained by completing our online registration form, which requests certain information and data ("Registration Data") and
maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the
Registration Data is true and accurate and that you will maintain and update this information as required in order to keep
it current, complete and accurate. 3.2 You also grant us the right to disclose to third parties certain Registration Data
about you. The information we obtain through your use of this site, including your Registration Data, is subject to our
Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4 Payment of Fees.
4.1 If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such
service. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing
information, including without limitation, your name, address and telephone number, and if you pay by credit card, valid
credit card information, and to provide us with any changes in such information within ten (10) days of the change.
4.2 If you pay by credit card, and for any reason your credit card company refuses to pay the amount billed for the service,
you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the
overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated
accounts.
4.3 You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you
remain responsible, even if you do not use the service.
4.4 In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred
to recover sums due, including reasonable attorneys' fees and other legal expenses.
5 Conduct on Site.
5.1 Your use of the site is subject to all applicable laws and regulations, including Netiquette and you are solely
responsible for the contents of your communications through the site. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library, or other interactive service that may be
available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate
distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
5.1.1 Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our
rules or policies;
5.1.2 Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
5.1.3 Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5.1.4 Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
5.1.5 Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
5.1.6 Impersonates any person or entity, including any of our staff or representatives.
5.2 We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users
of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat
rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through
this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment,
does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your
Materials" below for a description of the procedures to be followed in the event that any party believes that content posted
on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any
party.
5.3 You may not use your account to breach security of another account or attempt to gain unauthorized access to
another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall
not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network
security may incur criminal or civil liability.
5.4 You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you
for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating with law enforcement authorities in
investigating suspected criminal violations.
6 Third Party Sites and Information. This site may link you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other parties. These sites may contain information
or material that some people may find inappropriate or offensive. These other sites and parties are not under our control,
and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply
endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7 Intellectual Property Information. Copyright © 2008, ODAV OnLine. All Rights Reserved.
7.1 For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video,
graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in
no way limited to, message boards, chat, and other original content.
7.2 By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of
ODAV OnLine and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior
written permission from us or the specific content provider, and you are solely responsible for obtaining permission before
reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site
may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
7.3 Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site
will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right of any party.
7.4 The following are registered trademarks, trademarks or service marks of ODAV OnLine or its Affiliates: ODAV OnLine.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ODAV
OnLine or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms
of Use grants you any right to use any trademark, service mark, logo, and/or the name of ODAV OnLine or its Affiliates.
8 User's Materials.
8.1 Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by
electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain
all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up,
perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use
such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
8.2 Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
8.3 We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its
copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send
notification to us immediately at info@odavonline.com . To be effective, the notification must include:
8.3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
8.3.2 Identification of the copyrighted work claimed to have been infringed;
8.3.3 Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number
and, if available, an electronic mail address at which the complaining party may be contacted;
8.3.4 Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be
removed and information reasonably sufficient to permit us to locate the materials;
8.3.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, agent, or the law; and
8.3.6 A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
8.4 You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately
remove the identified materials from our site without liability to you or any other party.
9 Disclaimer of Warranties.
9.1 ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. 9.2 THIS
SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
9.3 THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH
THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
9.4 Through your use of the site, you may have the opportunities to engage in commercial transactions with other users
and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and
you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH
THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
9.5 Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are
incorporated by reference into these Terms of Use.
9.6 Content available through this site often represents the opinions and judgments of an information provider, site user, or
other person or entity not connected with ODAV OnLine. We do not endorse, nor are we responsible for the accuracy or
reliability of, any opinion, advice, or statement made by anyone other than an authorized ODAV OnLine spokesperson
speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for
further information, which policies are incorporated by reference into these Terms of Use.
9.7 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10 Limitation of Liability.
10.1 Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of
this site shall be limited to the amount you paid us for the services on the site during the twelve (12) month period before
the act giving rise to the liability.
10.2 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED
OR LINKED TO FROM THIS SITE.
10.3 FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
10.4 SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11 Indemnification. Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including reasonable attorney's fees that arise from your use or misuse of this site. We
reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12 Participation in Promotions. From time to time, this site may include advertisements offered by third parties. You may
enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such
correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence or promotions, are solely between you and
the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13 Use of Site and Storage of Material.
13.1 You acknowledge that we may establish general practices and limits concerning use of the services available on our
site, including without limitation, the maximum number of days that uploaded content will be retained on the site, the
maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the services in a given period of time. You agree that we have no
responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site.
You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee and/or are inactive
for an extended period of time. You further acknowledge that we reserve the right to change these general practices and
limits at any time, in our sole discretion, with or without notice.
13.2 The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by
one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network
performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may
result in termination of your account or limitation of your activities.
14 Security and Password. You are solely responsible for maintaining the confidentiality of your password and account
and for any and all statements made and acts or omissions that occur through the use of your password and account,
including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access
to your password and account. Our personnel will never ask you for your password. You may not transfer or share your
account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized
transfer or sharing thereof.
15 International Use. Although this site may be accessible worldwide, we make no representation that materials on this site
are appropriate or available for use in any locations, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void
where prohibited.
17 Termination of Use.
17.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or
without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law
enforcement authorities.
17.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this
site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further access to such files or this site. We shall not be
liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions
taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for
any unpaid fees, shall survive any termination. 18 Governing Law. This site (excluding any linked sites) is controlled by us.
It can be accessed from other countries around the world. As each of these places has laws that may differ from each
other, by accessing this site both of us agree governing laws shall be strictly observed.
19 Notices.
19.1 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must
be sent to the attention of Customer Service at customerservice@odavonline.com <mailto:customerservice@odavonline.
com>. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you
as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of
changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
19.2 Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such
communication (1) on the delivery date if delivered personally to the party; of receipt; (2) one week business days after the
mailing date, return receipt requested; (3) on the delivery date if transmitted by confirmed facsimile; or (4) on the delivery
date if transmitted by confirmed email.
20 Entire Agreement. These terms and conditions constitute the entire agreement and understanding between us
concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect
thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to
additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of
Use, these Terms of Use shall take precedence.
21 Miscellaneous. Any action to enforce these Terms of Use, the prevailing party will be entitled to costs and expenses,
including without limitation, reasonable expert witnesses' fees, and reasonable attorneys' fees. Any cause of action
brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed
forever waived and barred.
21.1 You may not assign your rights and obligations under these Terms of Use to anything party, and any purported
attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.
21.2 You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site,
or use of or access to this site.
21.3 In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in
delivery of products and services available through our site arising from any event beyond our reasonable control, whether
or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable
control, whether or not similar to those which are enumerated above.
21.4 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
21.5 Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a
waiver of that right or provision.
22 Contact Information. Except as explicitly noted on this site, the services available through this site are offered by ODAV
OnLine. If you notice that any user is violating these Terms of Use, please contact us at customerservice@odavonline.com
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