The “Site” encompasses the website www.ober.com and other sites owned and controlled by Ober, and all associated Ober web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Site services provided through such websites and web pages.
Modification of This Agreement and the Site
You are responsible for regularly reviewing this Agreement. Ober has the right, but not the obligation, to correct any errors or omissions in any portion of the Site. Ober reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice. All changes to this Agreement are effective immediately upon being posted to the Site. Your continued use of the Site following any changes to this Agreement will mean you accept these changes. Ober may also change, suspend, or discontinue any aspect of the Site at any time and without notice, including the availability of any Site feature, database, or content.
Restrictions on Use. You agree to use the Site only to post, send and receive messages, information and materials that are proper and related to the particular Site service you are using. You will not:
- Post on or transmit to the Site any defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, child pornographic, violent (meaning content that is excessively violent, incites violence or threatens violence), profane, threatening, unfair, deceptive or unlawful content or any content that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
- Modify, translate, loan, sell, lease, rent, distribute or create derivative works of the Site except as expressly provided herein.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or of the Site server.
- Advertise or offer to sell or buy any goods or services.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials or accessed through the Site.
- Harvest or otherwise collect information about others, including e-mail addresses, without their prior express written consent.
- Post on, transmit to or upload from the Site any content that discusses illegal activities with the intent to commit them, including activities that are intended to assist others in defeating technical copyright protections, or otherwise use the Site in any manner that endorses or promotes illegal activities.
- Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- Violate any applicable laws or regulations or violate this Agreement.
- Send any bulk commercial email, or send any unsolicited email to any party that has indicated that it does not wish to receive such email.
- Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site.
- Use the Site in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
- Post on, transmit to or upload from the Site any content that violates another party’s privacy or infringes another party’s intellectual property, including, but not limited to, such party’s copyrights, trademarks, trade secrets, patents or other confidential or proprietary information.
Disclosure Under Law. Ober reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ober’s sole discretion if we believe you have violated this Agreement.
Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You agree to provide Ober with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
Caution When Providing Information. Always use caution when giving out any personally identifying information about yourself in using any Site service. Ober does not control or endorse the content, messages or information found in any text, data, audio, video, audio/video or other materials or information posted by Site users to the Site or transmitted to other users or Ober through the Site (collectively, “Posted Materials”) and, therefore, Ober specifically disclaims any liability with regard to Posted Materials and any actions resulting from your use of Posted Materials. Site users are not authorized Ober spokespersons, and their views do not necessarily reflect those of Ober.
Posting Limitations. Posted Materials may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download Posted Materials.
License in Posted Materials. Ober does not claim ownership of any of the Posted Materials. However, by providing or submitting Posted Materials, you are granting Ober a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicenseable license in and to such Posted Materials. We have the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Posted Materials, with or without attribution, and allow other Site users to do so as well. Where feasible, we will generally attempt to include attribution provided by the poster in the event we post or use Posted Materials provided by such poster.
Feedback. If you provide Ober with Posted Materials such as comments, bug reports, feedback or modifications proposed by you to Ober, the Site, or the goods and/or services provided through the Site (collectively, “Feedback”), then in addition to the license granted in all Posted Materials, Ober will have the right to use such Feedback at Ober’s discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback. You hereby give Ober a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose.
No Obligation to Post. Ober is under no obligation to post or use any Posted Materials you may provide and may remove any Posted Materials at any time and for any reason (or no reason) in Ober's sole discretion.
User Representations and Warranties. By posting, uploading, inputting, providing or submitting your Posted Materials, you (1) acknowledge that the Site is open to the public and therefore Ober cannot control who will access Posted Materials, or the use that any third party will make of any such materials, (2) represent and warrant that you own or otherwise control all of the rights to your Posted Materials necessary to grant the licenses granted in this Section (Posted Materials), (3) represent and warrant that your posting of the Posted Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, or contractual right, (4) agree that Ober shall not be liable to you or any third party for not accepting your Posted Materials for inclusion on the Site or for removing your Posted Materials, in whole or in part, from the Site, and (5) agree that Ober shall not be liable to you or any third party for any consequence, including but not limited to any harm or damage, that may arise from the inclusion of your Posted Materials on the Site..
Your Responsibility for Posted Materials and Ober’s Monitoring Rights. You will be responsible for your own Posted Materials and the consequences of posting or otherwise transmitting those Posted Materials. Ober does not represent or guarantee the truthfulness, accuracy, or reliability of any Posted Materials posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. Ober has no obligation to monitor you or any other user’s use of the Site. Ober reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any materials posted to or revised on the Site, and to remove any materials in its sole discretion. Ober reserves the right to restrict or terminate your access to part or all of the Site and its services.
No Reliance or Legal Advice. You acknowledge that the materials and information presented through the Site are for informational purposes only and do not constitute legal advice. You should seek the advice of counsel before taking any action based on such materials and information.
Advertising. The Site is not intended for the purpose of advertising or soliciting clients in any jurisdiction in which Ober does not comply with all necessary ethical rules and laws. Each case is different and prior results do not guarantee a similar outcome.
Locations. Please review individual attorney biographies on the Site to determine the jurisdiction(s) where each attorney is licensed to practice. Ober designates its office in Baltimore, Maryland as its principal office.
No Attorney-Client Relationship. Your access and use of the Site does not establish an attorney-client relationship between you and Ober. Consequently, unless you are an existing client of Ober, any communications through the Site may not be confidential or privileged.
No Tax Advice (Required Tax Disclosure under Circular 230). In the event tax information is presented on the Site, such information is not intended to be a full analysis of all tax considerations, and does not constitute a formal written opinion that may be relied on for purposes of avoiding U.S. federal tax penalties.
Disclaimer of Representations or Warranties. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. EFFORTS BY OBER TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, IS PROVIDED "AS IS," AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT, TIMELINESS, OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, OR UNINTERRUPTED MANNER OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability. IN NO EVENT SHALL OBER AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, SUBLICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, WITH OBER, THE “OBER ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE OBER SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF OBER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OBER’S NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OBER’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend (or settle) and hold harmless the Ober Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the Ober Entities to the fullest extent permitted by law arising out of or in connection with (1) your use of the Site or any Posted Materials, or the use by any third party of such materials through you, (2) any Posted Materials provided or made available by you, and (3) any breach by you of your obligations under this Agreement, including without limitation any breach of your representations and warranties herein. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the Ober Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the Ober Entities pursuant to this Section.
Confidentiality of Account and Password. You are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. For certain services, you may be required to register; as part of the registration process, you must select a user name. The information that you supply during any registration process must be accurate and complete and you agree to not (1) register under the name of another person, (2) choose a user name that Ober deems offensive, or (3) choose a user name for the purposes of deceiving or misleading forums members and/or staff as to your true identity. You agree to not impersonate any other person, including any other Ober forum member, any Ober forum host or any Ober staff.
Notification of Unauthorized Use/Ceasing Access. You shall notify Ober immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with Ober in every reasonable way to help Ober prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site, or upon any earlier demand by Ober at any time, you will cease all access and/or use of the Site, and will not attempt to access and/or use the Site.
Copyright and Other Intellectual Property
Site Ownership. The Site and all content, including without limitation all text, graphics, software, photos, and sounds are the property of Ober and/or third party licensors and are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. The Site, including all Site content, is only for your personal, non-commercial use. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Site. Except for making a limited number of copies of the materials on the Site complete with any intellectual property notices, any copying, republication, or redistribution of Site content is expressly prohibited without the prior written consent of Ober and/or the respective intellectual property rights holder identified in the subject content.
Copyright Infringement Claims. Ober respects the intellectual property rights of others and expects our users to do the same. The policy of Ober is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ober's Designated Copyright Agent, identified below, with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512: (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; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (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, its agent, or the law; (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 infringed; and (7) any other materials or information as may be required by the DMCA as amended from time to time.
Copyright Agent. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the Ober Designated Copyright Agent using the following contact information:
100 Light Street., Baltimore, MD 21202
Tel – 410.685.1120
Fax – 410.547.0699
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
Choice of Law; Jurisdiction and Venue; Waiver of Trial By Jury
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in the State of Maryland in all disputes arising out of or relating to the use of the Site or under this Agreement; provided, however, that in the event Ober is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Ober hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Ober therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Ober and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with this Agreement, your or Ober’s rights and obligations under this Agreement, the Site, use of the Site, and/or the services and/or products that may be provided by or through or in connection with the Site.
Viewing Outside the United States. Ober makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
No Joint Venture. You agree that no joint venture, partnership, employment or agency relationship exists between you and Ober as a result of this Agreement or your use of the Site.
No Waiver. The failure of Ober to enforce any provision of this Agreement will not be construed as a waiver or limitation of Ober’s right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Assignment. No assignment, delegation or other conveyance of this Agreement may be made by you (by operation of law or otherwise) without the prior written consent of Ober, to be given in its sole discretion. Ober may, in its sole discretion, assign its rights and obligations hereunder to any party.
Statute of Limitations. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.
Agreement Binding. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Notices. Notices to Ober under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Ober, with such notices being effective as of the date of actual, confirmed receipt by Ober. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or 1 day after having been sent.
Entire Agreement. This Agreement and the Policy contain the entire agreement between you and Ober with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ober with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Those terms and conditions of this Agreement that assign liabilities to the parties extending beyond the term of this Agreement shall survive termination of this Agreement.
Inquiries regarding this policy should be directed to info@Ober.com
Last Updated on May 1, 2010