Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE ("Site"). By using this Site you signify your agreement to the Terms. If you do not agree with the Terms please do not use this Site.

The McCalmon Group ("McCalmon Group") is the owner and licensor of the Site and its contents. The Sponsor of the Site (the organization whose name or logo is used to promote the Site or who promoted the Site to you) is a contractual licensee of McCalmon Group. McCalmon Group may, at its discretion, invite third parties to provide content and/or promote services via the Site or utilize third parties to maintain and/or portions of the Site.

CHANGES TO THE SITE

McCalmon Group will make changes and improvements to this Site, including content and feature changes, at any time, without notice or liability.

NO ATTORNEY-CLIENT RELATIONSHIP CREATED

McCalmon Group website provides information of general interest to the public. It is not intended to:

  1. Offer legal advice, convey legal advice or constitute as legal advice nor is it meant as a substitute for legal advice. When seeking legal advice all users are admonished to seek the advice of a competent attorney. You should not act on any information provided in this site without first seeking the advice of an attorney.
  2. Create an attorney-client privilege even for clients who, in the past, established a privilege with the Sponsor.
  3. Act as a solicitation for legal services as to any particular manner.

Much of the information provided in this Site are the opinions of the author and not necessarily the opinion of McCalmon Group or the Sponsor and are not meant as legal advice. Information about the authors of articles, including attorneys, is for descriptive purposes only.

The McCalmon Group, the Sponsor and contributing authors intend no assurance and make no guarantees or predictions on the outcome of legal matters, even if they involve similar facts and circumstances.

If you choose to contact McCalmon Group, the Sponsor or a contributing author via email, please do not disclose confidential information. Your communications by email to an author, even a licensed attorney, does not mean that he or she represents you and your communications will not be considered confidential or privileged, and may be freely disclosed to others.

McCalmon Group and possibly its Sponsors or contributing authors may be or may have licensed attorneys on staff. These attorneys are licensed to practice law in specific jurisdictions. Laws vary in different jurisdictions. You should never assume that an attorney is licensed in your specific jurisdiction. Moreover, unless expressed in writing specific to an attorney, the attorneys listed in this Site or who contribute articles are not certified by, or certified as specialists or experts by any professional or governmental agency or authority. Designations of practice areas, expertise, practice concentrations or specializations of attorneys are not intended to suggest or represent the contrary.

AVAILABILITY

Neither McCalmon Group nor the Sponsor offer or guarantee continuous or uninterrupted access to this Site. Please note that operation of the Site may be interfered with for numerous reasons including scheduled maintenance and factors outside of our control or the control of subcontractors to the McCalmon Group.

EQUIPMENT

Non-subscribers and subscribers who have successfully registered onto the site are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and any and all related charges.

SITE USE

The use of this Site is limited. You may not:

  1. Act in a false, inaccurate, misleading, or fraudulent manner;
  2. Defame, abuse, harass or threaten others;
  3. Make any racially offensive statements, bigot remarks or insensitive comments;
  4. Advocate illegal activity or violate any law, statute, ordinance, or regulation;
  5. Post or distribute any material that infringes and/or violates any right of a third party rights (e.g., copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy);
  6. Post or distribute any vulgar, obscene, discourteous, or indecent language or images;
  7. Advertise or sell to or solicit others or promote third parties unrelated to McCalmon Group or the Sponsor;
  8. Use the Site for commercial purposes of any kind;
  9. Post or distribute any materials that contain a virus or other harmful component;
  10. Request or demand a legal opinion; or
  11. Make available material or make statements that do not generally pertain to the designated topic or theme of any forum or other interactive feature of the Site.

Subscribers and Non-Subscribers may not:

  1. Circumvent or attempt to circumvent user authentication or Site security such as accessing data not intended for you or log into a server or account without express authorization;
  2. Interfere or attempt to interfere with Site service including but not limited to any attempts to harm the host computer; or
  3. Use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session.

When sending email, Subscribers and Non-Subscribers may not:

  1. Harass any person, whether through the message itself or the means by which the message is sent;
  2. Send email to any person who does not wish to receive it including the sending of junk mail, spam or mail for the purpose of solicitation for a commercial enterprise;
  3. Forward or otherwise propagate chain letters of any type, whether or not the recipient wishes to receive such mailings; or
  4. Send malicious email of any type or fashion.

Liability may be incurred if you violate these rules. McCalmon Group will cooperate fully with law enforcement in the prosecution of any illegal activities using this Site.

LICENSE

Non-Subscriber / Public Access Portions of the Site subject to these terms: McCalmon Group grants to you a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable right and license, to access and use the non-subscriber portions of the Site for internal, non-commercial purposes only. Material and information on this site are not for resale.

Subscriber / Restricted Access Portions of the Site are subject to these terms: McCalmon Group grants to you a limited, non-exclusive, non-transferable and revocable right and license, for the term of the subscription purchased or agreed to by your Organization or as provided by contract or understanding by your Sponsor to access and use the subscriber portions of the Site for internal, non-commercial purposes only.

Both non-subscribers and subscribers: McCalmon Group reserves the right to make changes to these Terms as they affect the use of the access portions of the Site, at any time, without notice or liability.

NO WARRANTY

The information distributed on this Site is provided "as is" without representation or warranty of any kind as to suitability, reliability, applicability, merchantability, fitness, non-infringement, result, outcome or any other matter.

Neither the McCalmon Group nor the Sponsor represents or warrants that the material herein is current, complete, or invariably accurate, and any representation or warranty that might otherwise be implied is expressly disclaimed.

By using the Site, you agree that neither McCalmon Group nor the Sponsor are liable to you or others, in any way, for any damages of any kind or under any theory, arising from access to or use of or reliance on the information in this Site, including, but not limited to liability or damages under contract, tort theories, malpractice, negligence or any damages caused by viruses contained within electronic files of this site or any linked site. These disclaimers and limitations on liability apply regardless of any prior notice or objection by any person or entity to us relating to the Site.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL McCALMON GROUP OR THE SPONSOR BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES.

ADDITIONALLY, IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIM BY YOU BASED ON ANY THIRD PARTY CLAIM.

TOTAL, CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS IS LIMITED TO $200 PER ORGANIZATION OR $20 PER USER NOT TO EXCEED $200. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.

THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.

RESTRICTIONS OF USE OF MATERIALS

No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded or distributed in any way, except that you may print a reasonable number of copies of any material on the Site on any single computer for internal, non-commercial purposes so long as all copyright, trademark and other proprietary notices on the materials printed are kept as written. Any modification of the materials on the Site for any purpose is a violation of copyright and other proprietary rights with the exception of a limited right to change Model Policies and Procedures and Model Forms. The use or republication of the material, including trademarks and copyrights, on any other web site or computer network without written permission from the copyright holder is strictly prohibited.

MODIFICATION

The Site includes certain information that, notwithstanding the restrictions stated in the RESTRICTIONS OF USE OF MATERIALS (above), may be modified, but only if you are a Subscriber with access to the restricted portions of the Site and only if the distribution is limited to within your subscribing Organization. Those portions of the site that allow modification are:

  1. Model Policies and Procedures; and
  2. Model Forms.

The Site also allows you to upload the policies and procedures of your Organization. You may upload only those policies and procedures that are applicable to your Organization and no other. Whenever you or your Organization upload to or download from any material on the Site for modification, you acknowledge that the neither the McCalmon Group nor the Sponsor have reviewed, read, inspected or approved your material or the modifications to the Site material and that any changes you make to the material is at your own risk.

The McCalmon Group and the Sponsor admonish all users to seek the advice of an attorney before utilizing any material provided on the site. Model policies and procedures are meant as "example only" or for educational purposes and are not meant to be used "as is".

LINKS TO OTHER WEB SITES

The Site may directly or indirectly provide links to or accept links from web sites of other parties for convenience. Neither the McCalmon Group nor the Sponsor control or maintain the material presented by third party web sites. The inclusion of any link on this Site does not imply any association or relationship between McCalmon Group or the Sponsor and the person or organization sponsoring the linked site, nor does it constitute or imply endorsement, approval or sponsorship of the linked site by the McCalmon Group or the Sponsor, or the endorsement, approval or sponsorship of the McCalmon Group or the Sponsor, by the owner or proprietor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. Neither the McCalmon Group nor the Sponsor assumes any responsibility for the content, accuracy or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave the Site and your use of materials from linked sites is at your own risk.

THIRD PARTIES

The McCalmon Group may use written material from third parties, including attorneys, writing on behalf of another person. The opinions and statements made on the Site through articles or other forms of written expression are the opinions of the writer and not necessarily the opinion of the McCalmon Group or the Sponsor. Neither the McCalmon Group nor the Sponsor guarantee the accuracy, completeness, or usefulness of any written materials nor the merchantability or fitness of any particular product, service or opinion for any particular purpose.

MONITORING

The McCalmon Group and the Sponsor have the right, but not the obligation, to monitor your use of the Site to determine compliance with the Terms of Use, to satisfy any law, regulation or authorized government request and to determine usage by you or your Organization. The McCalmon Group or the Sponsor have the right in their discretion to edit, refuse to post or remove any material submitted to or posted on the Site and the right to remove any material that either the McCalmon Group or Sponsor, in their discretion, find objectionable. The McCalmon Group and the Sponsor have the right to share information, without notice, as to usage of the Site including usage by your Organization as a whole as well as individual including the type of usage, amount of usage, training performance and any written information submitted by either your Organization or you. Moreover, the McCalmon Group and the Sponsor may share generalized information about Site usage that may include compiled information that may include per user or Organization usage.

ACCOUNT INFORMATION

Certain portions of this Site may require registration. As part of the registration process, users will select a user identification and password. You may not: (a) select or use a user identification or password of another person; (b) use a user identification or password in which another person has rights; or (c) use a user identification or password that McCalmon Group or the Sponsor, in their discretion, deem offensive. You shall be responsible for maintaining the confidentiality of your user identification and password. You shall notify us of any known or suspected unauthorized use of your user identification or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user identification or password. Your account information including your user name and password will not be considered confidential and neither McCalmon Group nor the Sponsor are under any obligation to keep your user identification and password confidential or secure from others.

THEREFORE, you are admonished to not to use confidential user identifications or passwords as your user identification and password for this Site. If you do, you do so at your own risk.

RIGHTS IN THE SITE

This Site, its information, training, software, computer code and all other material contained within this Site is the property of the McCalmon Group, a Sponsor, licensors, subcontractors or suppliers. You may not use this Site for any other purpose other than what is specified in these Terms of Use. In addition you may not:

  1. Alter or remove any proprietary or intellectual property rights notices, labels, marks on or within the software or computer code that makes this Site and its programs function;
  2. Copy or reproduce any of the software or other computer code that is contained within this Site or that makes this Site and its programs function;
  3. Translate, engineer, decompile, disassemble or create like or derivative works based on the software or the computer code that makes this Site and its programs function;
  4. Sell, re-sell, lease, license, rent lend, sublicense, distribute or transfer, either directly or indirectly, the software or computer code that makes this Site and its programs function; or
  5. Transfer or provide or make available the software or computer code to any third party.

SUBMISSIONS

Information received via this Site, whether intended to be confidential or not, will not be considered confidential. All comments, suggestions, ideas, graphics and other information or materials are the property of either the McCalmon Group or the Sponsor and will remain either's exclusive property, including any and all future rights associated with such submissions, even if these Terms of Use are later modified or terminated. By submitting any material, written or otherwise, you are agreeing and acknowledging the McCalmon Group's or the Sponsor's unrestricted rights to use (including publish) the information in any medium, now and in the future, without notice, compensation, citation, or reference to you or any other person or organization in any manner.

ASSIGNABILITY OF RIGHTS

You may not assign your rights or delegate any duties under these Terms of Use without written consent from McCalmon Group. The McCalmon Group may, without your consent, assign these Terms of Use and/or assign any rights or delegate any duties to any entity, including one that acquires all or substantially all of the business assets of McCalmon Group whether by merger, acquisition of stock or assets, operation of law or the like.

TERMINATION

You may terminate these terms at any time by discontinuing use of the Site.

Your access to the Site, including access to restricted access parts of the Site, may be terminated immediately without notice from the McCalmon Group, in its sole discretion, should you fail to comply with any of the Terms of Use or fail to meet the requirements of the Sponsor for access to the Site. Upon termination you, your organization and agents of your organization must cease use of the Site.

APPLICABLE LAW

The Terms: (a) will be governed exclusively by the laws of Oklahoma applicable to contracts made, accepted, and performed wholly within Oklahoma, without application of principles of conflicts of laws; (b) this Terms of Use constitutes the entire agreement between you and the McCalmon Group and with respect to the subject matter of this Terms of Use, superseding all prior oral and written agreements between you and the McCalmon Group in such respect; (c) may be amended or modified, and any right under these Terms may be waived, only by a writing issued by McCalmon Group; (d) contains headings only for convenience, which headings do not form part, and will not be used in the construction, of these Terms; (e) may be enforced only in courts located within Oklahoma and both parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses; and (f) may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument.

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