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Terms of Use

O’Codger.com – O’Codgers’ Crony Community Terms & Conditions - Terms of Use Agreement

O’Codger.com-Terms & Conditions Listing & Advertising Service Agreement

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O’Codger.com – O’Codgers’ Crony Community
Terms & Conditions - Terms of Use Agreement

O’Codger.com & O’Codgers’ Crony Community (also referred to as “O’Codger”) is a social networking service that allows members to create unique personal profiles, share photographs, music, videos, and to find and communicate with old and new friends, via chat, blogs, forums or discussion groups. The service is operated by O’Codger LLC, ("company"). By using the O’Codger.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the O’Codger.com and O’Codgers’ Crony Community services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the O’Codger.com, and O’Codgers’ Crony Community Website and your Membership in the Service. O’Codger LLC may modify this Agreement from time to time and such modification shall be effective upon posting by OCodger.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.

This Agreement includes O’Codger.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and O’Codger.com's Privacy Policy. You may also receive a copy of this Agreement by emailing us at: webmaster@ocodger.com, Subject: O’Codgers’ Crony Community - Terms of Use Agreement.

Please choose carefully the information that you provide to other Members and that you post on O’Codger.com and on O’Codgers’ Crony Community. Your O’Codger.com and O’Codger Crony Community profile may not include the following items: telephone numbers, street addresses, last names, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Crony Community Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and O’Codger LLC assumes no responsibility or liability for this material. O’Codger LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline O’Codger.com event, you agree to release and hold O’Codger LLC harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline O’Codger.com event.

• Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
• Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member Account page. O’Codger.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to O’Codger.com. As there is presently no cost or membership fee associated with membership in O’Codgers’ Crony Community; if O’Codger.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any subscription fees. Even after membership is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9-14. O’Codger.com's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that O’Codger.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
• Non-Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of O’Codger.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by O’Codger LLC for any illegal or unauthorized use of the Website.
• Proprietary Rights in Content on O’Codger.com and O’Codgers’ Crony Community. O’Codger.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of O’Codger.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
• Content Posted on the Site.
• You understand and agree that O’Codger.com may review and delete any content, messages, text, files, images, O’Codgers’ Crony Community messages, photos, videos, sounds, profiles, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of O’Codger LLC violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
• You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
• By posting any Content to the public areas of the Website, you hereby grant to O’Codger.com the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Website.
• The following is a partial list of the kind of Content that is illegal or prohibited on the Website. O’Codger.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
• Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
• Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• Uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
• You must use the Service in a manner consistent with any and all applicable laws and regulations.
• You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
• You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although O’Codger.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, O’Codger.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which O’Codger.com deems appropriate in its sole discretion.
• You may not cover or obscure any advertisements on your personal profile page, or through any other means.
• Any automated use of the system, such as using scripts to add friends, is prohibited.
• You may not attempt to impersonate another user or person who is not a member of O’Codger.com.
• You may not use the account, username, or password of another Member at any time, nor may you disclose your password to any third party or permit any third party to access your account.
• You may not sell or otherwise transfer your profile.

• Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of O’Codger.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to O’Codger.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide O’Codger LLC with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be sent to: Webmaster@ocodger.com or to: O’Codger LLC at: 589 Lori Drive, Benicia, California 94510
• Member Disputes. You are solely responsible for your interactions with other O’Codger.com Crony Community Members. O’Codger LLC, reserves the right, but has no obligation, to monitor disputes between you and other Members.
• Privacy. Our Privacy Policy also governs use of the Website and/or the Service.
• Disclaimers. O’Codger.com, and O’Codgers’ Crony Community, are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service.  O’Codger.com & O’Codger LLC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. O’Codger LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. O’Codger LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall O’Codger LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and O’Codger LLC and O’Codger.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. O’Codger LLC cannot guarantee and does not promise any specific results from use of the O’Codger.com Website and/or the Service.
• Limitation on Liability. IN NO EVENT SHALL O’Codger LLC or O’Codger.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF O’Codger.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, O’Codger.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO OCODGER.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
• U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
• Disputes. If there is any dispute about, or involving, the Website and/or the Service; by using the Website, you agree that any dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California.
• Indemnity. You agree to indemnify and hold O’Codger LLC and O’Codger.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
• Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you, O’Codger LLC and O’Codger.com regarding the use of the Website and/or the Service. The failure of O’Codger.com or O’Codger LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.  O’Codger, O’Codger.com, www.ocodger.com and O’Codgers’ Crony Community are trademarks of O’Codger LLC.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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O’Codger.com-Terms & Conditions
Listing & Advertising Service Agreement

O’Codger LLC, owner of the website www.OCodger.com, offers a Directory of Websites, where webmasters, site owners, companies, organizations, government entities, advertising agencies and marketing organizations, can submit their, or their clients’ website information, logo and artwork; for consideration and possible inclusion into the O’Codger.com Web Directory.  

Acknowledgement and Acceptance of Listing & Advertising Service Agreement

The O’Codger.com Web Directory Listing & Advertising Services ("Services"), are provided to you under the terms and conditions of this O’Codger.com Web Directory Listing & Advertising Service Agreement (the "Agreement").   O’Codger LLC reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.
BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Description of O’Codger.com Listing and Advertising Service

O’Codger.com is a fee-based service provided by O’Codger LLC, which will consider your web site for inclusion in the O’Codger.com Web Directory (the "Directory"). INCLUSION IS NOT GUARANTEED.
Subject to the terms below, if your website is accepted for inclusion into the “Web Directory”, then your web site's continued inclusion in the Directory will be subject to additional review each year and to the applicable NON-REFUNDABLE recurring annual fee.
By signing up with O’Codger.com, O’Codger LLC, or members of the O’Codger Crony Community, will consider and respond to your request for inclusion in the Directory. In consideration of your payment and participation in the “Directory”, in accordance with this Agreement, O’Codger.com agrees that an editor will look at your site, consider it for inclusion in the Directory and respond to you within three (3) business days from the date that you submit your site for consideration (excluding holiday periods observed by O’Codger LLC and any delays due to problems processing your request).
O’Codger.com Web Directory, Listing and Advertising Options & Pricing (as of 4/10/09):

Listings & Ad Content

• Pot O’Gold - Logo Listings:  Choose this ad type for as many Sub-Industry categories, as is appropriate for the nature of the purpose, information, products and/or services organization and the content of the website.  This listing will include the following:
• Organization Name,
• Website home URL address,
• A short Description of website content and organization purpose,
• A Link to the organization website. 
• The Website will be Ranked by O’Codgers’ Cronies, and
• Appropriate Comments, from visitors to this site, will be displayed. 
• A square shaped Logo (70x70 pixels) can also be included at no additional fee. 

(Note: To have a website listing included on a particular Pot O’Gold Sub-Industry search result page; your organizations’ service, information or product offerings, must be appropriate for the particular Sub-Industry Category selected. For example: a “Commercial Airline” cannot be listed in the Pot O’Gold Section of “Cruise Lines”; unless the Airline actually operates a Cruise Line.  If there is a desire to be associated with a particular Sub-Industry category, which is not your primary service, information or product offering; you can use the Advertising Listings, Sponsored Links or Display Ads, to be included on any Sub-Industry page, that you desire.)

• Advertising Listings - Basic & Logo: Your Advertising Listing will be included in as many Sub-Industry search results pages, as you choose.  Each listing purchased will be included in the Advertising Listings section of the particular Sub-Industry search result page selected.  The Advertising Listings section is presented at the top of the Web Directory search result page, above the Pot O’Gold Listings section.  Each listing will be positioned from top to bottom, in chronological order, based upon the date of purchase (earliest purchase will be presented at the top of the Advertising listings section).  Each listing will include:
• Organization Name,
• Website URL address,
• A short description of the Website content and organization purpose,
• A link to your website.  
• Upgrade to a Logo Advertising Listing (70x70 pixels) for a slight additional charge, as shown in the pricing grid, above.

• Display Ad Listings: Your ad copy (370x80 pixels) will be presented in the Advertising Listings section, for as many Sub-Industries categories as you choose, and will include a link to your website.
• SkyScraper Ads: Your ad copy (120x120 pixels, 120x240 pixels, or 120x600 pixels) will be presented in the vertical column, on the left of each of the particular Sub-Industry pages that you choose.  Placement will depend upon availability and be positioned from top to bottom in accordance with the date of initial insertion, earliest being placed higher.
• O’Codger Sponsored Links: Text type ads, with 3 lines of information can be placed on as many Sub-Industry search result pages, as is desired, depending upon availability.  They will include a short text tag line, which will be linked to your website; two additional lines of keywords or text, and your website address.  They will be presented on the upper right column, next to the Advertising Listings, of the particular Sub-Industry search result pages that you choose.  Ads will be accepted, depending upon availability, and will be positioned chronologically, with the earliest purchase being placed at the top of the section.  Subsequent listing placed below, in order of acquisition date.  The total available number of Sponsored Links will be limited for each Sub-Industry page.
• Banner Ads: Header and Baseline Ads, are available for a limited number of selected pages, based upon availability.  To purchase these types of ads, please email: Sales@ocodger.com or call 888-800-8104, and asking for sales.

Payment

You must submit a valid credit card number, or US bank account information, as part of the registration process. You agree that your credit card, or US bank account, will be charged the applicable NON-REFUNDABLE fee for the first years listing or advertisement fee. You acknowledge that the payment of this fee is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED IN THE DIRECTORY. 

If any requested ad or listing is not accepted for inclusion into the “Directory”, the fee for the excluded listings will be refunded to you, by crediting the credit card or bank account, which had been used for payment, with the amount previously charged, for these listings.  This typically applies to “Pot O’Gold Listings”, which have restrictions for placement.  Advertising Listings, and other forms of advertising are generally only affected by availability of the location desired.

If your web site is accepted for inclusion, then your website's continued inclusion in the Directory will be subject to additional review each year and you agree that your credit card will be charged the recurring annual fee.  If O’Codger LLC is unable to successfully charge your card or US Bank account; or, if the charge is refused, your site may be removed. 

O’Codger LLC also reserves the right to remove your site if it fails to meet the minimum standards and criteria shown below.
NOTHING IN THIS AGREEMENT OBLIGATES O’Codger LLC TO LIST, LINK TO, OR ACCEPT YOUR SITE ANYWHERE ON O’Codger.com OR IN THE DIRECTORY. IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES O’Codger LLC TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY, OR TO PROVIDE ANY SPECIFIC DESCRIPTIONS.
If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing site), you must send the information by email to: Webmaster@OCodger.com.  Please allow 7 business days for any changes to be implemented into your listings.

Minimum Site Criteria

All websites submitted for the O’Codger.com Web Directory must continue to meet the following minimum criteria:

• The site must be in the English language (or have an English version available);
• The site must support multiple browsers and capabilities;
• The site must be up and running 24 hours per day and 7 days a week;
• The site must contain unique content, as determined by an O’Codger editor;
• The site must not be “under construction”;
• The site must not be primarily a “Social Networking”, “Forum” or "blog" site.
• The site must clearly define its purpose, products, and/or services;
• All links on the site must work; 
• The site must not contain any content, products, services or other information that may be illegal to present, or sell, under any applicable law; that may infringe or violate anyone's rights; or that, O’Codger LLC or it’s members believes, in its sole discretion, is offensive.

Selection and Listing of Websites

O’Codger LLC, and it’s members, reserves the right to decide whether, where, and how a site is listed. If O’Codger LLC accepts your site, O’Codger LLC reserves the right to list your site in any category or subcategory as O’Codger LLC deems appropriate, in its sole discretion. O’Codger LLC reserves the right not to include any specific keywords in the title or description of your site. O’Codger LLC also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, and change or remove any keywords at any time, for any reason.

Participation

If you wish to discontinue participation in the O’Codger.com Web Directory you must send a notice to O’Codger.com as set forth in the Section, "Notices," below. Please state that you wish to withdraw your site from O’Codger.com Web Directory.  To avoid your credit card being billed for the Recurring Annual Fee; requests for withdrawal must be received by O’Codger.com at least fifteen (15) business days before the end of the year that you intend to be your last year of participation. The "end of the year" is defined as 365 days from the date that your web site was added to the Web Directory. Once O’Codger.com receives such notification from you, your participation in the O’Codger.com Web Directory will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that O’Codger LLC will not be required to refund any portion of such fee.

Applicant Privacy

O’Codger LLC maintains information about Applicant on O’Codger.com servers, including but not limited to Applicant's registration information. Applicant agrees that O’Codger LLC may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that O’Codger LLC may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of O’Codger LLC or others; provided, however, that nothing in this section shall impose a duty on O’Codger LLC to make any such disclosures. O’Codger LLC may contact Applicant regarding the O’Codger.com Web Directory using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from O’Codger.com or its’ advertisers and listing organizations.

Indemnity

THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
O’CODGER LLC, O’CODGER.COM, AND ITS PARENTS, SUBSIDIARIES, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF O’CODGER.COM IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, O’CODGER.COM'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR O’CODGER.COM'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.
O’CODGER.COM'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO O’CODGER.COM UNDER THIS AGREEMENT.

Force Majeure

O’Codger LLC is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

Notices

Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to O’Codger.com, such notices shall be addressed to webmaster@ocodger.com; or, to O’Codger LLC at: 589 Lori Drive, Benicia, California 94510.
If to Applicant, such notices shall be addressed to the electronic or mailing address specified in the Applicant's sign-in registration process, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that O’Codger.com is notified of any changes to Applicant's address as specified in this Section.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter.