Effective Date: August 2020
AGREEMENT BETWEEN USER AND ONYX+EAST
Welcome to Onyx+East. The Onyx+East website (“Site”) is comprised of various web pages operated by Onyx+East (“O+E”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
The Site is solely used to provide information about O+E and the properties that O+E offers. The Site has the ability to collect information from visitors should they want to inquire for more information. The Site is purely an informational website. No property is directly sold from the Site.
Visiting the Site or sending emails to O+E constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN
The Site is not intended for minors, particularly those persons under the age of thirteen. If you are under 13, you may use the Site only with permission of a parent or guardian.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of O+E and O+E is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. O+E is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by O+E of the site or any association with its operators.
Certain services made available via O+E are delivered by third party sites and organizations. By using any product, service or functionality originating from the O+E domain, you hereby acknowledge and consent that O+E may share such information and data with any third party with whom O+E has a contractual relationship to provide the requested product, service or functionality on behalf of O+E users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to O+E that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not 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. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of O+E or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. O+E content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of O+E and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of O+E or our licensors except as expressly authorized by these Terms.
You agree to indemnify, defend and hold harmless O+E, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. O+E reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with O+E in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONYX+EAST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ONYX+EAST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONYX+EAST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
O+E reserves the right, in its sole discretion, to terminate your access to the Site and any related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and O+E as a result of this agreement or use of the Site. O+E’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of O+E’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by O+E with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and O+E with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and O+E with respect to the Site. A printed or electronic 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.
CHANGES TO TERMS
O+E reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. O+E encourages you to periodically review the Terms to stay informed of our updates.
O+E welcomes your questions or comments regarding these Terms. You may contact us at:
1828 N. Central Ave. Suite 100 Indianapolis, Indiana 46202
Email Address: email@example.com