overview

Terms & Conditions

Access and Use of Information

All access to and use of the O’Mahony & Myer Web site (the "Site") is governed by the terms and conditions provided below. Entering into this Web site indicates that you have reviewed and have agreed to be bound by these terms. O’Mahony & Myer, Inc. ("O’Mahony & Myer") may make future changes or modifications to these terms and conditions at any time without notice and your subsequent viewing or use of the Site will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided governing your use of particular functions, features, information and applications available through the Site.

The materials on this Site are copyright © O’Mahony & Myer, Inc. All rights in the intellectual property contained in this Site including copyright, trademarks, trade secret and patent rights are reserved. This Site is provided only for O’Mahony & Myer’s clients, vendors, employees and other constituencies who may use this Site to view information about O’Mahony & Myer and its services and may not be used by any other person or entity for any other purpose. Any access or attempt to access other areas of the O’Mahony & Myer computer system or other information contained on the system for any purposes is strictly prohibited. You may not use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations. You may view, display, or print in hard copy form, a single copy of any of the content of this Site subject to the following conditions:

The materials may be used for personal and non-commercial use only in connection with a legitimate personal or business purpose.
Any copy of these materials or any portion thereof must retain all copyright and other proprietary notices.
O’Mahony & Myer may revoke or modify any of the foregoing rights at any time.

Any further copying, downloading, publication or distribution of any part of this Site is prohibited. Please note that any product, process or technology described in these materials may be the subject of other intellectual property rights reserved by O’Mahony & Myer and are not licensed hereunder. O’Mahony & Myer does not convey to anyone, through allowing access to the Site, any ownership rights in the Site or in any content appearing on or made available through the Site. This Site contains many O’Mahony & Myer and third party trademarks and service marks. All marks are property of their respective companies.

Disclaimer

All information provided on this Site may be changed, updated or deleted without notice. While efforts have been made to make this Site helpful and accurate, it could contain technical inaccuracies or other errors, and O’Mahony & Myer does not warrant the accuracy of information obtained from this Site. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS". O’MAHONY & MYER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL SUCH WARRANTIES. O’MAHONY & MYER DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. O’MAHONY & MYER WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE SITE AND ITS CONTENT (OR ANY HYPERLINKED WEB SITE) INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED O’MAHONY & MYER OF THE POSSIBILITY OF SUCH DAMAGES. O’MAHONY & MYER HAS NO OBLIGATION UNDER THESE SITE TERMS AND CONDITIONS AND SHALL NOT HAVE ANY LIABILITY TO OFFER ANY PARTICULAR PRODUCT OR SERVICE THORUGH THE SITE TO YOU.

Links to Other Web Sites

There are links on the Site, which allow you to visit other Web sites, which are not maintained by O’Mahony & Myer. O’Mahony & Myer is not responsible for the content of those sites and makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered through any such sites. Links provided by O’Mahony & Myer to such Web sites are provided solely for your convenience and do not imply endorsement, sponsorship, or recommendation by O’Mahony & Myer of the sites.

Linked Internet Sites

If you wish to provide a link to this Site, you may do so under the terms and conditions of this or any future O’Mahony & Myer web access and use agreement, but: you may not use or replicate O’Mahony & Myer content; you agree not to create a browser, border environment or frame for O’Mahony & Myer content; you may not imply that O’Mahony & Myer is endorsing you or your products or services; you may not misrepresent your relationship with O’Mahony & Myer; you may not present false information about O’Mahony & Myer’s services; and your linked Web site may not contain content that could be construed as distasteful, offensive or controversial, and/or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold O’Mahony & Myer harmless, and you agree to remove any link to the O’Mahony & Myer Web site immediately upon the request of O’Mahony & Myer.

Submitting Information to O’Mahony & Myer

O’Mahony & Myer does not accept ideas, concepts, or techniques for new services or products through the Site. O’Mahony & Myer DOES NOT want to receive confidential or proprietary information from you through this Site. Any information that O’Mahony & Myer receives through this Site, other than your personally identifiable information, as explained in O’Mahony & Myer’s Privacy Policy, will be deemed to be NON-CONFIDENTIAL. By transmitting to O’Mahony & Myer information via this Site or otherwise through electronic means, you grant to O’Mahony & Myer an unrestricted, irrevocable license to use, reproduce, communicate, exploit, display, modify, perform and distribute such information, and O’Mahony & Myer is free to use the information, including any ideas, know-how or techniques contained therein free of charge for any purpose whatsoever.

Privacy Policy

The manner in which we collect and disseminate information is set forth in our Privacy Policy as updated from time to time and posted on this Site. Our Privacy Policy does not apply to other Web sites, including without limitation, other Web sites owned by O’Mahony & Myer, and we can take no responsibility for the information, collection or dissemination policies of third parties. Your use of the Site constitutes your acceptance of our Privacy Policy. You should not access the Site if you do not agree with the terms of our Privacy Policy.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Applicable Law

By visiting this Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, govern these Site Terms and Conditions and any dispute of any sort that might arise between you and O’Mahony & Myer.

Confidentiality

In connection with your use of the Site, O’Mahony & Myer may disclose to you certain Proprietary Information (defined below). You acknowledge and agree that any Proprietary Information is the sole and exclusive property of O’Mahony & Myer (or a third party providing such information to O’Mahony & Myer) and that O’Mahony & Myer or such third party owns all worldwide rights therein under patent, copyright, trade secret, confidential information, and other tangible or intangible property right laws. You are permitted to use O’Mahony & Myer Proprietary Information solely in connection with your business purposes that relate to O’Mahony & Myer and the Site and shall not disclose O’Mahony & Myer Proprietary Information to any third party. For purposes of these Site Terms and Conditions, (i) “Confidential Information” has the meaning set forth under California law; (ii) “Trade Secrets” means trade secrets as defined under California law; and (iii) “Proprietary Information” means Trade Secrets and Confidential Information and includes without limitation all information posted or otherwise loaded on to the Site that may be accessible only by the use of a login and password information. Except as otherwise agreed in writing, O’Mahony & Myer shall have no obligation with regard to the use or confidentiality of any information disclosed by you.

The obligations set forth herein with respect to Trade Secrets shall remain for as long as such information remains a trade secret under California law, and for Confidential Information shall continue for the duration of your use of the Site and for three (3) years thereafter.

Nothing in this Section shall prohibit or limit your use or disclosure of information if you prove (i) at the time of disclosure hereunder such information is generally available to the public; (ii) after disclosure hereunder such information becomes generally available to the public, except through breach of these Site Terms and Conditions by you; (iii) such information was in your possession prior to the time of disclosure by O’Mahony & Myer and was not acquired directly or indirectly from O’Mahony & Myer; (iv) the information becomes available to you from a third party which is not legally prohibited from disclosing such information, provided such information was not acquired directly or indirectly from O’Mahony & Myer; (v) the information was developed by or for you independently of the disclosure of such information by O’Mahony & Myer; or (vi) the Proprietary Information is disclosed by you pursuant to a requirement of a governmental agency or by operation of law, provided that, with respect to clause, (vi) you shall first notify O’Mahony & Myer prior to disclosure in order to give O’Mahony & Myer an opportunity to seek an appropriate protective order and/or waive compliance with the terms of these Site Terms and Conditions and shall disclose only that part of the Proprietary Information which you are required to disclose.

Miscellaneous

O’Mahony & Myer has the right but not the obligation to amend, modify or otherwise change these Site Terms and Conditions, the Site Privacy Policy, and/or any other applicable agreements (collectively “Site Agreements”) at any time by posting such changes on the Site. Headings of particular Sections are inserted only for convenience and are not to be used to define limit or construe the scope of any term or provision of these Site Terms and Conditions. Failure of any party to enforce, in any one or more instances, any of the Site Agreements shall not be construed as a waiver of the other party’s continuing obligations under any such terms or conditions. No consent to a breach of any express or implied term of the Site Agreements, or any other notice, directive, or rule otherwise posted on the Site, which shall only be effective if in writing and signed by the applicable non-breaching party, shall constitute a consent to any prior or subsequent breach thereof. Except as may be expressly set forth herein, no provision of these Site Terms and Conditions shall be construed to provide or create any third party beneficiary right or any other right of any kind in any third party.

Compliance with Applicable Laws

General Laws: You shall comply with all applicable federal, state and local laws, statutes and regulations in the performance of your obligations under these Site Terms and Conditions. Antitrust Laws: You acknowledge that O’Mahony & Myer has an express policy of complying with the antitrust laws and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to O’Mahony & Myer that you do not intend to use, and will not use, the Site to violate any antitrust laws and will not knowingly act as a principal, conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.

Entire Agreement

These Site Terms and Conditions, the Site Privacy Policy, and any and all notices, guidelines, directions, instructions or directives posted on the Site by O’Mahony & Myer from time to time, and all amendments, modifications, additions or changes to the foregoing constitute the entire agreement regarding your use of the Site and supersedes all prior discussions and agreements, oral and written, between the parties relating thereto.

Privacy Policy

O’Mahony & Myer knows that you are concerned about online security and privacy information. This site allows anonymous viewing of all public information on this site.

There may be pages on this site that request personally identifying information from you. These pages may include feedback forms, registration forms, online surveys and other forms that may appear on this site. We will act reasonably to make certain that we use your personal information only for the purposes spelled out on the submission form.

We never sell or share your personal information with affiliated or unaffiliated organizations for commercial or other purposes related or unrelated to the business of O’Mahony & Myer, Inc.