User
Agreement General Rules and Information This
site (the "Site") is owned and operated by Oliver Productions, Inc. ("Oliver"
or "we") for your personal non-commercial use only. By visiting this web site,
you accept and are bound by this User Agreement (the "Agreement") without limitation,
qualification or change. You also represent that you have read and agree to abide
by all the terms and conditions of the Agreement at all times while using the
Site. If at any time you determine that you do not accept all the terms and conditions
of the Agreement, you must immediately discontinue use of the Site and destroy
all materials and copies of materials obtained from the Site. You may not use
this Site in any way that involves a failure to abide by any term or condition
of the Agreement. Oliver
will not monitor the Site at all times and will not be able to detect many violations
of the Agreement. We will not be able to stop many violations of the Agreement,
or the subsequent use of the Site by past violators of the Agreement. Therefore,
Oliver is not responsible for the actions of any user of the Site or any injury
to any user of the Site, as discussed more fully below. Oliver
reserves the right to change this Agreement at any time. Oliver will post a notice
of such change on the Site. By continuing to use the Site after a change is made,
you accept and are bound by the modified Agreement. Only Oliver may alter this
Agreement. Intellectual
Property: - The
Site and all of its contents, including, but not limited to articles, other text,
photographs, images, illustrations, graphics, video material, audio material,
and software (collectively the "intellectual property"), are protected by copyright,
trademark and other laws of the United States, as well as international conventions
and the laws of other countries. The intellectual property is owned or controlled
by Oliver or the party credited as the provider of the intellectual property.
Additionally, the Site itself is protected by copyright as a collective work and/or
compilation.
- You
may not, and agree that you will not, copy, download, distribute, publish, enter
into a database, display, perform, modify, create derivative works, transmit,
post, decompile, reverse engineer, disassemble or in any way exploit any of the
intellectual property, or the Site itself in whole or in part except as expressly
provided in this Agreement.
- You
may browse through the Site and download up to five copies of materials appearing
on the Site that are of personal interest to you for personal, non-commercial
use. You must keep intact all copyright, trademark and other notices contained
in these personal copies. You may not reproduce, allow others to reproduce these
copies, and may not make these copies available electronically. You may not save
or archive a significant portion of the material appearing on the Site.
- You
may not attempt to alter or modify the text posted on the Site by others, including
material posted by Oliver.
- The
names The McLaughlin Group, John McLaughlin's One On One, and Oliver Productions,
Inc. are trademarks, trade names and service marks of Oliver.
Limitation
of Liability; Disclaimer of Warranties: - Your
use and browsing of the Site is at your own risk.
- THE
SITE, AND ALL ITS INFORMATIONAL CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. OLIVER DOES NOT GUARANTEE THE
ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON THE SITE. YOUR RELIANCE ON ANY
INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK.
- OLIVER,
ITS SUBSIDIARY AND PARENT COMPANIES, AFFILIATES AND ANY OTHERS INVOLVED IN CREATING
THE SITE AND ITS CONTENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING
THE SITE, INCLUDING BUT NOT LIMITED TO OLIVER'S NEGLIGENCE, YOUR ACCESS TO AND
USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED
ON THE SITE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF, OR MATERIAL POSTED
BY, ANY USER OF THE SITE, EVEN IF YOU HAVE ADVISED OLIVER IN ADVANCE OF THE POSSIBILITY
OF SUCH DAMAGE.
- Oliver
is not responsible for or liable for any damage, including damage caused by viruses,
to your computer, computer system, or other property, during or on account of
access or use of the Site or any sites to which the Site links.
- The
Site includes "links" to other Internet sites, both related and unrelated to the
Site, that may be of interest to users. Oliver may not have reviewed these sites
and is not responsible or liable for the content or availability of these sites.
Communication
Through or With the Site: A.
Intellectual Property Rights Transferred to Oliver - If
you communicate through or with this Site by sending, inputting, posting, uploading
or otherwise, all material, information and ideas contained in your communication
(collectively "Postings") automatically and immediately becomes the property of
Oliver, without any obligation of confidentiality. If any court determines that
Oliver does not retain exclusive ownership of any such Postings, then Oliver retains
a non-exclusive license in them. Any Postings on the Oliver public message boards
may be quoted on the McLaughlin Group program, McLaughlin One On One, or any Oliver
publication or broadcast without notice.
- Oliver
may, for any reason, excerpt, use, distribute, publish, display or sell these
Postings in any way, with no liability and you waive all moral rights in this
material. [Note: "moral rights" is a legal term in intellectual property law.]
B.
Warranty of Legality and Non-infringement - You
agree and warrant that none of your communications with or through the Site will
violate any local, state, federal or international law. You further agree and
warrant that none of your communications with or through the Site or Oliver's
use of such communications, as described above, will infringe upon the rights
of any third party, or contain defamatory, libelous, abusive, harassing, indecent
or obscene material.
- Messages
or postings that Site administrators determine do not add to a debate or discussion,
or that contain offensive text, may be removed without notice.
Bulletin
Boards, Chat Rooms, Forums, other Interactive Services, and Broadcasting:
- Oliver notes that it
does not control and is not responsible for messages, information or files ("user
messages") delivered to bulletin boards, chat rooms, forums or any other interactive
component of the Site ("interactive services"). Oliver is not obligated to and
does not systematically monitor or delete user messages. However, Oliver reserves
the right to do so at any time in its sole discretion, for any reason or no reason.
- Oliver does
not edit user messages posted on its Web page, except that Oliver may delete as
described above, or excerpt for any reason a portion or portions of such user
messages for use elsewhere, including on Oliver's on-air productions. These activities
do not impose any responsibility or liability on Oliver for damages arising from
user messages or from Oliver's alteration of such messages. You are solely responsible
for the content of the user messages you deliver to the Site, as are all other
users. Oliver is not responsible for damages of any kind arising from any user
message even when Oliver is advised of the possibility of such damages.
- The
Site's interactive services are for non-commercial use only. You may not deliver
any solicitation or advertisement to any interactive service unless the Site explicitly
states that such user messages may be delivered to that particular interactive
service.
- You
agree and warrant that you will not: (1) deliver any unlawful (according to local,
state, federal, or foreign law), defamatory, obscene, indecent, threatening or
abusive user message to or through the Site; (2) deliver any user message that
infringes or violates any right of a third party, including, without limitation,
copyright, patent, trademark, privacy, or publicity rights, to or through the
Site; (3) introduce any program that will collect or relay information of any
type from other users, interfere with the use of the Site or other users' computer
equipment, or cause damage of any type to or through the Site; or (4) otherwise
cause damage or exploit information for commercial purposes on or through the
Site.
- You
agree to indemnify, defend, and hold harmless Oliver, its subsidiaries, parent
companies and affiliates, from and against any and all claims, actions, liabilities,
costs and expenses, including, without limitation, reasonable attorneys' fees,
arising out of your breach of any provision of this Agreement or any warranty
you provide herein, or otherwise arising in any way out of any material or information
you post to or communication through the Site. You will cooperate fully in any
defense of such claim. Oliver reserves the right to take exclusive control of
the defense of any such claim.
Financial
Information: - In
addition to, and without diminishing any other provision of the Agreement, Oliver
assumes no responsibility for financial or securities information provided by
users or third parties on the Site. You hereby acknowledge that you rely on any
financial or securities information received on or through the Site at your own
risk.
- You
warrant that you will not engage in stock manipulation, illegal proxy solicitation,
or any other activity contrary to local, state, or federal law, the regulations
of the U.S. Securities and Exchange Commission, or any foreign law or regulation.
- Oliver will
not be liable to you or any third party for any consequential, incidental, special
or indirect damages, including but not limited to lost profits, trading losses
and damages that may result from inconvenience, delay, or loss of the use of information,
even if Oliver is advised of the possibility of such damages.
Fees:
- Access
to and use of the Site is currently available without charge. Oliver reserves
the right to charge a fee for access to the Site, use of the Site, or access to
or use of parts of the Site or services available on the Site at any time in the
future. Your access to or use of the Site before this time does not entitle you
to use of the Site without charge in the future.
Privacy
Policy -- Use of Registration Records and Information From the Site's Use:
- In an effort to serve
you better, Oliver may use Internet "cookies," or other programs or methods, to
gather information (other than material that you post on the Site) about your
use of the Site.
- All
registration records and such information gleaned from your use of the Site and
communications with or through the Site, if any, are the property of Oliver.
- Oliver
will not sell these records or such information to third parties.
- We
will provide these records and information to law enforcement, other government
organizations, or other entities if required to do so by law or if Oliver, in
its sole discretion, believes it is appropriate.
Termination:
- This
Agreement is effective until Oliver terminates it.
- If
Oliver determines, in its sole discretion, that you have not complied with any
part of this Agreement, it may terminate your access to the Site and any services
provided by the Site without prior notice. Such action removes your authorization
to access or use the Site, and requires you to destroy all electronic or other
materials and copies of such materials obtained from the Site, but you will still
be bound by the agreements and warranties made by you, and by the disclaimers
and limitations of liability contained in the Agreement.
Forum
Selection and Litigation: - This
Agreement shall be governed by and construed in accordance with the laws of the
District of Columbia, without regard to its conflicts of law provisions. You agree
to submit to the personal jurisdiction of the courts of the District of Columbia
for any cause of action arising out of this Agreement.
- If
a court deems any part of this Agreement invalid, the remaining parts shall remain
in full force and effect.
- You
agree to file any cause of action with respect to this Agreement and your rights
and obligations in the District of Columbia within one year after the cause of
action. You agree that a cause of action filed after this date is barred.
Miscellaneous:
- This
Site is controlled by Oliver. Oliver's offices are located in the District of
Columbia, USA.
- If
you have comments regarding the Site or this Agreement, you may send them via
postal mail to "Website Administrator, 1717 Rhode Island Avenue, NW, Suite 640,
Washington, D.C. 20036." You must send any official correspondence via postal
mail to this same address.
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