- Other Agreements. These Terms govern your use and access of the Site. Notwithstanding the foregoing, if you are party to a separate contract with Onyx, for example as a customer of Onyx’s services, that contract will govern with regards to the applicable subject matter thereof.
- Modification. Onyx may modify these Terms from time to time. Your continued use of the Site after any new version of these Terms has been posted constitutes your agreement to be bound by the then-current posted version of these Terms. Onyx may modify or remove the Site or any features or functionality thereof, and any information and materials contained therein, at any time with or without notice. Onyx will have no liability for any such modification or removal.
- License. “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are displayed, used, or otherwise incorporated into the Site. Onyx grants you a limited, revocable, personal, non-exclusive, non-transferable license to access and use the Site and Content for your personal, informational, non-commercial use.
- Restrictions. You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Content; (iii) frame or utilize framing techniques to enclose any Content; (iv) disassemble, decompile or reverse engineer any of the Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by Us; (vi) interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; (vii) violate any applicable local, state, national or international law; or (viii) make any request to transactional servers more than once during any three-second interval.
- Term. These Terms shall remain in full force and effect until terminated by Onyx at any time with or without notice. Without limiting the foregoing, Onyx may immediately terminate or suspend your access to the Site for any reason or no reason. The license granted to you in Section 3 will automatically terminate if you breach these Terms.
- Ownership. The Site and all Content, including any trademarks and copyrights therein, is owned by Onyx or its licensors. Nothing herein will be deemed to grant you any right, title, or interest in the Site or the Content.
- The Site and Content are for informational purposes only. Reliance on any information provided by the Site is solely at your own risk. The Site or Content may contain links to third party sites or contact information for third party service providers (collectively, “Third Party Providers”). Onyx is not responsible for the content, accuracy or opinions expressed by Third Party Providers, and such Third Party Providers are in no way investigated, monitored or checked for accuracy or completeness by Onyx. Inclusion of any links on the Site does not imply approval or endorsement of the linked website. When you access or contact these Third Party Providers, you do so at your own risk.
- Onyx is not responsible for any problems or technical malfunction of any electronic network or lines, servers, software, or failure of transmission as a result of technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to any person’s computer resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Onyx be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or from any Content.
- THE SITE AND CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, AND ONYX EXPRESSLY DISCLAIMs ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. ONYX CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THIRD PARTY PROVIDERS.
- Limitation on Liability. IN NO EVENT SHALL ONYX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR CONTENT, EVEN IF ONYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONYX’S TOTAL AGGREGATE LIABILITY TO YOU HEREUNDER FOR ANY CAUSE OF ACTION WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID, IF ANY, BY YOU TO ONYX.
- Settlement of Disputes. If there is any dispute RELATED TO the SITE OR CONTENT, you agree that the dispute shall be governed by the laws of the State of Texas, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts IN DALLAS COUNTY, TEXAS. Either party may demand that any dispute between related to the Site be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), provided that the foregoing shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Onyx, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any claim, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms.
- Other. Except as set forth in Section 1, these Terms constitute the entire agreement between the parties regarding the use of the Site or Content and supersede any prior agreements with regards to the Site or Content. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If you have any questions about the Site or these Terms, please contact firstname.lastname@example.org