w w w . o g k u s h . c o m

Home About Login Signup Club Search Forum
Terms of Service

End User License Agreement 

This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and Kushman Group, Inc. (referred to herein as "Kushman"), which owns and operates the Internet Site found at www.Ogkush.com (the "Site"). In addition to the terms and conditions of this Agreement, please review our privacy policy, which is incorporated herein by reference. 

Introduction

By accessing our Site you acknowledge that you are of legal age to view adult subject matter in your respective jursidiction. All contents on this Site are protected and may not be republished or reproduced in any way without the express written consent of Kushman.

Please note that the Site is not for use by:

· Individuals under 18 years of age

· Individuals under the legal age of majority in their jurisdiction 

You shall use the Site together with your unique Login ID ("Login ID") and unique and secret password ("Password"), chosen by and known only to you, to access the Site servers (the "Servers") in order to access all of the resources avaliable to you, the patient on the Site.  
 

1. GRANT OF LICENSE. Subject to the terms and conditions contained herein, Kushman grants the User a non-exclusive, personal, non-transferable right to access the Site and use the Site's resources and links in order to access the Servers and all information avalible to patients on the Site. 

2. NO WARRANTIES. Kushman disclaims any and all warranties, expressed or implied, in connection with the Site and the external links, all of which are provided to you "AS IS". Furthermore, we provide you with no warranty or representation whatsoever regarding their individual quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects or that they will be corrected. 

3. AUTHORITY. Kushman retains authority over the issuing, maintenance, and closing of Users' accounts at the Site. The decision of Kushman management, as regards any aspect of a User's account, use of the services of the Site, or dispute resolution is final. 

4. PROHIBITED USES. 

    4.1  SITE MODIFICATIONS.
User may not attempt to modify, decompile, reverse-engineer or disassemble the Site or its resources in any way. 

    4.2  PERSONAL USE.
The Site is intended solely for your personal use. Commercial use of the Site is strictly forbidden without express permission of Kushman. The User is only allowed to utilize the Site for his/her personal entertainment. A User may not have more than one account with Kushman. Violators of this rule are subject to an account review, which may result in the suspension or termination of all accounts. 

    4.3  COLLUSION.
Collusion between Users by exchanging and/or posting information or by other methods prohibited by the Site, is strictly forbidden. Kushman reserves, in addition to other measures, the right to restrict access and/or to prohibit Users from accessing the Site if a suspected violation occurs. 

    4.4 FRAUDULENT BEHAVIOR.
In the event that Kushman deems that a User has engaged in fraudulent, unlawful, dishonest or improper activity while using the Site, including without limitation, engaging in any of the activities set forth above. This includes, but is not limited to, the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent check. Kushman shall be entitled to take such action as it sees fit, including immediately blocking access to the Site to such User, terminating such User's account with Kushman, and/or taking legal action against such User. 

5. PROHIBITED LANGUAGE OR CONTENT. 

    5.1  OFFENSIVE LANGUAGE OR CONTENT.
The User is prohibited from posting any unlawful, obscene, libellous, defamatory, threatening, or other material that would violate any law, via the Site (Online Chat), Online Forums or in correspondence with Company staff. 

    5.2  IMPERSONATION.
The User is prohibited from impersonating any person or entity, including, but not limited to, a Kushman official or falsely state or otherwise misrepresent the User’s affiliation with a person or entity. 

    5.3  UNSOLICITED CONTENT.
The User is prohibited from posting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam" or any other form of solicitation via the Site (Online Chat), Online Forums or in correspondence with Company staff or other Users. 

    5.4  ILLEGAL CONTENT.
The User is prohibited from posting, via the Site (Online Chat), Online Forums or in correspondence with Company staff, any material that contains (or provides links to) Site viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Site or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to “phishing” and other scam. 

    5.5  HARASSMENT. 
Harassment of any User on our Site may result in the suspension or termination of the offender’s account. Harassment includes, but is not limited to, following a User across multiple interactive site resources, using threatening language, and making racial or sexual comments. 

    5.6  ENGLISH ONLY. 
All conversation on the Site must be conducted in English only. Conducting chat conversations or forum postings with other Users in a language other than English may result in the suspension of a User’s chat privileges. 

6. BREACH. Without prejudice to any other rights, if a User fails to comply with any of the terms and conditions contained herein, Kushman reserves the right to take such action as it sees fit, including immediately blocking access to the Site to such User, terminating such User's account with Kushman, and/or taking legal action against such User. 

7. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall Kushman be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Site, the Site or your accessing the Site or the Servers, even if Kushman had prior knowledge of the possibility of such damages. 

8. SECURITY. The User agrees that he/she is solely responsible for all use of the Site through his/her User ID and Password. The User is obliged to keep his/her User ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the User ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User. 

9. DISPUTES. The User accepts that the historical data of each entry to Site shall be as recorded on Kushman servers. In the event of a discrepancy between the User and Kushman, the records on the server the latter shall prevail. 

10. AMENDMENT. Kushman reserves the right to change this Agreement at any time, with or without notice, and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. 

11. GOVERNING LAW. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of the State of California. Each party irrevocably agrees that the relevant courts of the State of California shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. 

12. SEVERABILITY. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. 

13. ASSIGNMENT. Kushman reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
©2007 OGKush.com