OON reserves the right to modify this Agreement without notice and any modifications are effective when they are posted here. OON may, at any time, in its discretion terminate your access to the Website. Access to the Website may be monitored by OON. If you are accessing the Website as a representative of an organization, this Agreement binds both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.
As a condition of your use of this Website, you will not use the Website or the information contained therein for any purpose that is unlawful or prohibited by this Agreement. You will not use the Website in any manner that could damage, disable, overload, or impair the operation of the Website or use by third parties.
OON’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into the Website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by OON. OON grants you permission to electronically download, copy, or print hard copies of pages from this Website solely for your personal, non-commercial purposes. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of the Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of OON is obtained first.
OON and other marks found on the Website and all related trademarks, service marks and/or logos are the exclusive properties of Partners for Conservation, Inc. and may be registered or pending registration. All other trademarks or registered trademarks are the property of their respective owners. The trademarks, logos, and services marks (“Marks”) displayed on the Website may not be used without the prior written consent of OON or the applicable third-party owner. The absence of any trademark notice symbols on Marks used on the Website does not indicate or imply that such Marks are not registered.
By posting any questions or information requests on or through the Website, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content.
Links to Third Party Site
Though OON uses reasonable efforts to ensure otherwise, the Website may contain typographical errors or other inaccuracies and may not be complete or current. OON therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.
Disclaimer of Warranties and Limitation of Liability
OON provides the Website, their contents, and any and all products, services, and information described or provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OON EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THE WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OON OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THE WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF OON OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL OON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Choice of Law, Waiver, Claims, Severability
By using the Website or accessing any information herein, you agree that your use of the Website will be governed by the laws of Colorado. You also agree that any legal or equitable claim arising from your use of the Website must be brought in the courts located in Ordway, Colorado, and you consent to the exclusive jurisdiction and venue in such courts. OON’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or products purchased through this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may direct any questions concerning this Agreement or notices required by this Agreement to:
Out of Nowhere
1108 W. Jessamine St.
Fort Worth, TX 76110
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and OON with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. OON may amend or modify this Agreement at any time by posting the new terms on its Website. This Agreement may not be otherwise amended except in a written document signed by you and OON.
This agreement was last revised on March 24, 2021.