terms & conditions of use

Ownership of Website; Agreement to Terms of Use


These Terms and Conditions of Use (the “Terms of Use”) apply to the The Mansion on O Street (here and after referred to as The Mansion) web site located at www.omansion.com, and all associated sites linked to www.omansion.com, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of The Mansion and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Mansion reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Mansion grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Mansion, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on the Site or included in any services we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by The Mansion, its affiliates or third parties who have given us permission to use it. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without The Mansion express prior written consent.

Your Use of the Site

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Mansion or others.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Mansion server. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or The Mansion systems or networks, or any systems or networks connected to the Site or to The Mansion.

You may not manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Mansion.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site. You agree to abide by such other terms and conditions. Any conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

On rare occasions, data may be inaccurately displayed on our site due to either system or human error. While we make every attempt to avoid these errors, they do sometimes occur. We reserve the right to correct any and all errors when they do occur and we do not honor inaccurate or erroneous prices. Our prices are also subject to change without notice.

The Mansion may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and The Mansion makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a The Mansion ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may not use anyone else’s The Mansion ID, password or account at any time without the express permission and consent of the holder of that The Mansion ID, password or account. You are responsible for the security of your login ID and password ("Identifications") for the Website. You agree that any person using Your Identification issued for the Website will be treated by The Mansion as having been authorized by You to access Your information as contained on the Website, and take any other actions on Your behalf. You will indemnify and hold harmless The Mansion and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using an Identification.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under The Mansion control, and The Mansion is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites

Privacy

The The Mansion Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers

The Mansion DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. The Mansion CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. The Mansion DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Mansion DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY The Mansion SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Mansion reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

The Mansion WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE The Mansion FROM GOODS OR SERVICES ACQUIRED THROUGH The Mansion OR FROM ANY CONTENT POSTED ON BY US OR ANYONE ELSE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the other provisions of these Terms of Use, The Mansion is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, The Mansion liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against The Mansion (but not including the purchase price for any The Mansion hardware or software products).

Indemnity

You agree to indemnify and hold The Mansion, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Mansion by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

The Mansion may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Mansion rights or property, or the rights or property of visitors to or users of the Site, including The Mansion customers. The Mansion reserves the right at all times to disclose any information that The Mansion deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Mansion also may disclose your information when The Mansion determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that The Mansion may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Mansion, for which monetary damages would be inadequate, and you consent to The Mansion obtaining any injunctive or equitable relief that The Mansion deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Mansion may have at law or in equity.

You agree that The Mansion may, in its sole discretion and without prior notice, terminate your access to the The Mansion, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If The Mansion does take any legal action against you as a result of your violation of these Terms of Use, The Mansion will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Mansion. You agree that The Mansion will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

These Terms of Service are the entire agreement between The Mansion and you in connection with your use of this website. These Terms of Service are governed by and interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to their principles of conflicts of law. Any action to enforce these Terms of Service will be brought in the federal courts located in the District of Columbia or in the District of Columbia courts. You consent to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service. Any part of these Terms of Service found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable parts of this Agreement will remain binding upon the parties. By choosing to access our website from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to any United States export controls and are responsible for any violations of United States applicable embargoes or other federal rules and regulations restricting exports.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

The Mansion provides access to The Mansion international data and, therefore, may contain references or cross references to The Mansion products, programs and services that are not announced in your country. Such reference does not imply that The Mansion in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. The Mansion shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright © 2004 The Mansion on O Street (here and after referred to as The Mansion). All rights reserved. Terms of Use.

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