PHONE: 813-489-4156  ¦  Headquarters: 260 1st Ave S, Suite 200, Saint Petersburg, FL 33701

813-489-4156

Terms and Conditions

Terms of Use and Service

Please read these terms of service carefully before using the website, platform, or services operated by O’Neill Marketing, Inc. By using the O’Neill Marketing, Inc. form you are agreeing to be bound by the following terms and conditions. The following terminology applies to these terms and conditions, privacy statement and disclaimer notice and any or all agreements: “client”, “agent”, “you” and “your” refers to you, the person accessing this website, form, platform, services and accepting the company’s terms and conditions. “The company”, “ourselves”, “we” and “us”, refers to our company. “Party”, “parties”, or “us”, refers to both the client and ourselves, or either the client or ourselves. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

 

General Use

O’Neill Marketing, Inc. provides services, infrastructure, and tools through this site/platform. Materials provided on this site/platform, including content, logos, graphics that are not user submitted material (refer to user content) and are copyrighted and/or trademarked work of O’Neill Marketing, Inc. User submitted materials are not property of O’Neill Marketing, Inc. are subject to their own terms. Users acknowledge and accept that they will only submit non-copyrighted content or copyrighted content which they can provide proof of ownership or have acquired distribution permissions. User acknowledges sole responsibility for obtaining any required licenses or permissions prior to posting content.

 

Unauthorized use of materials from this site may violate copyright, trademark and privacy laws. You acknowledge that you are responsible for the content that you submit and that you have full responsibility for the legality and copyright of the material as well as sole responsibility for any damages that may arise from infringement of submitted material’s terms of service.

 

User Content

User submitted content is defined as anything users upload, store, or share using O’Neill Marketing, Inc.’s website, forms, platforms, or services. By providing content or data on the website or through our forms or platforms, the user is giving O’Neill Marketing, Inc. permission to use that content or data for things such as, but not limited to, contracting, onboarding, marketing, banking, communications, and more.

 

Unauthorized activities. It is possible that certain document submissions may violate international laws and regulations as well as laws within the United States. You agree to indemnify and hold O’Neill Marketing, Inc., its employees and/or affiliates harmless from any and all costs, related to the defense of litigation, fines, or other fees imposed as a result of using O’Neill Marketing, Inc. in an illegal manner regardless of malicious or illegal intent.

 

Known and unapproved activities which O’Neill Marketing, Inc. will immediately be removed in response to being notified by a recipient, authorities, or other person aware of the document on our servers include documents which contain text or images that:

  • Threaten or harass others
  • Communicate or instruct how to manufacture of weapons, drugs, or other illegal activities.
  • Discuss or promote racial or religious hatred
  • Photographic or textual depiction of pornography or child abuse.
  • Contain copyrighted or trademarked content or images without the express permission of the owner.

 

Disclaimer

Your use of the O’Neill Marketing, Inc. service and its content is at your sole risk. The service and its content each are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant the comprehensiveness, correctness, legality, or accuracy of the service or service content or that the service will be uninterrupted or error free. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. No advice or information, whether oral or written, obtained by you from us or through or from our services will create any warranty not expressly stated in these terms.

O’Neill Marketing, Inc. does not warrant or make any representations regarding the content on the website or platform in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While O’Neill Marketing, Inc. makes reasonable efforts to provide accurate and timely information, users should not assume that the information provided is always up to date or that the content contains all relevant information. We undertake no obligation to verify or maintain the currency of such information.

 

O’Neill Marketing, Inc. disclaims any and all responsibility or liability in relation to the content made available through the services, including customer information, and any content or services provided by third parties. O’Neill Marketing, Inc. does not control or vet customer information and is not responsible for what customers post, transmit, or share on or through the services. O’Neill Marketing, Inc. expressly denies any responsibility resulting from hacking, tampering, or other unauthorized access or use of the services or the information contained therein as well as account and customer information.

 

Any rights not expressly granted herein are reserved by us.

 

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the O’Neill Marketing, Inc. parties be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) use of the site; (ii) errors, mistakes, or inaccuracies of content, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (iv) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (v) any interruption or cessation of transmission to or from our servers, (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party, (vii) any loss of your data or content from the site (viii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the O’Neill Marketing, Inc. parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these tou or our privacy policy. Despite the above, our total liability to you for any cause of action you take against us will at all times be limited to no more than one hundred dollars ($100.00).

 

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the services and service content, your violation of these terms, or your violation of any rights of a third party through use of the services or service content.

 

Privacy

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Us law has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. The rights to all text, images, and other materials on this site are reserved to O’Neill Marketing, Inc., unless otherwise indicated.

 

Confidentiality

The Client and their respective client records may be passed to third parties. However, client records are regarded as confidential and therefore will not be divulged to any third party, other than [our business affiliates/partners(s) and] if legally required to do so to the appropriate authorities. By registering as an “Agent” on the site or form, you are agreeing to additional permissions including email and text marketing.

 

Links From This Website/Form

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Availability

Unless otherwise stated, the services featured on this website are only available within the united states, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the company. The company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Ip addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, url requested, and referral url. This information is not shared with third parties and is used only within this company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

Cookies

Like most interactive web sites this company’s websites, forms, platforms, and services [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. Links to this website you may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Termination

You can terminate your use of the site at time by ceasing further use of the site. We may terminate your use of the site and deny you access to the site at our sole discretion for any reason or no reason, including your violation of these terms.

 

Modifications to the Terms of Use

We may, at any time and for any reason make changes to the TOU/TOS. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the TOU/TOS will be posted on the site and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the site after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must cease using the site.

 

Copyright

No portion of this site may be reproduced without the express written consent of O’Neill Marketing, Inc. Third party content linked from the O’Neill Marketing, Inc. site is the responsibility of the linked site. All logos and product names are trademarks of their respective owners. Information may be changed or updated without notice. O’Neill Marketing, Inc. may make improvements and/or changes in the materials contained in or described on this site at any time without notice. All information contained on this site is copyrighted.

 

© Company O’Neill Marketing Inc. 2018 All Rights Reserved

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