Terms And Conditions
Terms and Conditions of Use
These Terms and Conditions of Use (these “Terms”) govern your access to and the use of Oakland Creek Partners, Inc. (“Oakland Creek Partners”) Sites or Services, including any content, functionality, products and services, information about our products and services, your accounts, educational content, and certain other tools offered, whether as a registered user or guest. All capitalized terms not otherwise defined herein shall have the meanings set forth in Oakland Creek Partners’s Privacy Policy.
By using our Sites or Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Sites or Services. Please read these Terms carefully and make sure that you understand them. These Terms are in addition to any other agreements between you and Oakland Creek Partners. We strongly recommend that you print a copy of these Terms, or save them to your computer, for future reference.
We reserve the right to modify or change these Terms at any time without prior notice to you. Any modification or change shall be effective upon posting by us on this site. You agree to be bound by any changes to these Terms when you use our Sites or Services after any such change is posted. Please check these Terms regularly for changes.
Oakland Creek Partners Sites or Services are offered and available to users who are 18 years of age or older. By using our Sites or Services, you represent and warrant that you are of legal age to form a binding contract with Oakland Creek Partners and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you shall not access or use our Sites or Services.
1. CONTACT INFORMATION
If you have any questions or comments or seek any additional information on Oakland Creek Partners, please email info@oaklandcreekpartners.com
We operate the following websites
- www.Oakland Creek Partners.com
2. AVAILABILITY OF RENTAL UNITS OR Oakland Creek Partners SERVICES IN YOUR JURISDICTION
Oakland Creek Partners makes no representation that any rental units or any services provided on Oakland Creek Partners Sites or Services are appropriate or available for use in your jurisdiction or desired location. If you choose to access our Sites or Services, you do so at your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations. The information contained on our sites is not an offer to sell or rent or a solicitation to buy or rent any rental unit or Oakland Creek Partners service.
3. RELIANCE ON CERTAIN INFORMATION SHOWN ON OUR SITES OR SERVICES
The information presented on or through Oakland Creek Partners Sites or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. For example, Oakland Creek Partners does not warrant the accuracy, suitability, or availability of information regarding any rental unit shown on our Sites or Services, including such information provided by third-party landlords, and property managers. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites or Services, or by anyone who may be informed of any of its contents.
Our Sites or Services and materials provided through our Sites Services may refer to buildings, apartments, physical venues, geographical sites, and other similar products or services that are not under the control of or maintained by Oakland Creek Partners (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Oakland Creek Partners of any such Third Party Properties. You acknowledge that Oakland Creek Partners is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Oakland Creek Partners is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Oakland Creek Partners does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Sites or Services, you do so at your own risk.
Our sites may include content provided by third parties, including materials provided by other users, landlords, property managers, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion and may not have been verified by us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties whether shown on or Sites or Services or otherwise.
If any of our sites contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Sites or Services, you do so entirely at your own risk and subject to the terms of use for such websites.
4. DISCLAIMER OF WARRANTIES
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE (THE “CONTENT”), INCLUDING Oakland Creek Partners’S PRODUCTS AND SERVICES, TEXT, IMAGES, PHOTOS, LOCATION DATA, RATINGS, REVIEWS, OR SIMILAR INFORMATION ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
Oakland Creek Partners EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Oakland Creek Partners DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF Oakland Creek Partners SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Oakland Creek Partners SITES OR SERVICES, ITS SERVERS OR ANY E-MAIL SENT FROM Oakland Creek Partners ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE ABOVE, Oakland Creek Partners DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH OUR SITE IS LINKED (“LINKED WEB SITE”). Oakland Creek Partners DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITE OR A LINKED WEB SITE IS UPDATED OR COMPLETE. Oakland Creek Partners HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE AND MAY CHANGE OR IMPROVE OUR SITE AT ANY TIME WITHOUT NOTICE.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.
5. EQUAL OPPORTUNITY IN HOUSING STATEMENT
All real estate advertised herein is subject to the federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.”
We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.
When it comes to buying, selling or leasing a home or renting an apartment, several state and federal laws were enacted to ensure the equal opportunity in housing for all people. The Civil Rights Act of 1966 prohibits all racial discrimination in the sale or rental of property. Moreover, the Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.
Other laws also impact the purchase, sale or lease of a home or renting an apartment. Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities. The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.
In addition, state and local laws often provide broader coverage and prohibit discrimination based on additional classNamees not covered by federal law.
Despite our zero tolerance policy, much of the information regarding real estate and related matters on our Sites or Services is provided by third parties or via hyperlink to third party sites. As such, there may be an instance of potential discrimination by these third parties that we are not yet aware of. If you suspect discrimination by one of these sites, please contact our staff at info@Oakland Creek Partners.com.
Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
You can contact HUD on the internet at http://www.hud.gov/
6. LIMITATION OF LIABILITIES
IN NO EVENT WILL Oakland Creek Partners, ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICES OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF OUR SITE OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS
OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU TO Oakland Creek Partners FOR Oakland Creek Partners’S PRODUCTS OR SERVICES.
THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.
7. UPDATED INFORMATION
You are responsible for informing Oakland Creek Partners if you have changed your Identity Information, including your name, telephone number, mailing address, e-mail address, or other personal information. You may update your personal information through our sites or by contacting us at info@Oakland Creek Partners.com.
8. CREDIT CARD AND OTHER FINANCIAL INFORMATION
Oakland Creek Partners does not collect credit card or other financial information from you. If you desire to supply your credit card information, financial information, or Identity Information to any third party service provider or to any Linked Web Site, you do so at your own risk and discretion. Oakland Creek Partners strongly recommends you review the terms and conditions and privacy policy of any third party before providing such information.
9. LINKING TO OUR SITES
You may link to our Sites or Services, provided you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You may use the features on our Sites or Services solely as they are provided by us, and solely with respect to the content they are displayed with.
We may disable all or any features on our Sites or Services and any links at any time without notice, in our sole discretion.
10. RESTRICTED SITES AND PASSWORDS
Some portions of our Sites or Services may be restricted and require authorization for access. Unauthorized use of or access to any such areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas. It is a condition of your use of our sites that all information you provide on our Sites or Services is correct, current, and complete. You agree that all information you provide to register with our Sites or Services or otherwise, including through the use of any interactive features on our Sites or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for maintaining the security of your information technology systems and computers. You should exercise the necessary steps to ensure that unauthorized individuals do not access your accounts or other components of our sites, as well as your log files or any other information which is proprietary or private to you. Do not share your Oakland Creek Partners or Third Party Account password with anyone. If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Oakland Creek Partners will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact us. We will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else. In order to protect your personal information, Oakland Creek Partners encourages you to change your password regularly.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms or of our Privacy Policy.
11. SUBMITTING COMMENTS ON OUR SITES
If you submit comments intended for public display on any of our Sites or Services, you agree to abide by these Terms. You shall not submit comments on our sites that: are illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to Oakland Creek Partners’s Privacy Policy or otherwise injurious to Oakland Creek Partners or any third parties; consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by Oakland Creek Partners), consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. Where an email address or Third Party Account login is required to upload comments or submissions, you agree to use a valid email address or Third Party Account, as applicable, and represent that you are the individual identified by the address or name. If you wish to submit materials to any of our Sites or Services, you are prohibited from impersonating any other individual or entity, or otherwise misleading the same as to the origin of the comments.
Comments and reviews will not be accepted that infringe in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal right of any person or entity in any jurisdiction or locale. You may not submit materials that are or purport to be the personally identifiable information about others, such as full name, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.
Your comments and reviews become the property of Oakland Creek Partners and you grant to Oakland Creek Partners a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat your comments and reviews as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. We are not and shall not be under any obligation to maintain any comments or reviews in confidence, to pay compensation for any comments or reviews, or to respond to any comments or reviews. If you submit comments or reviews, you are also granting to Oakland Creek Partners the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses your comments or reviews in an unauthorized way or through unauthorized reproduction of any such comments or reviews.
Comments and reviews used, displayed or propagated by us or others licensed by us to use your comments or reviews may be attributed to you unless you have expressly requested anonymity. We reserve the right to select among the comments for the most appropriate material to be used, subject to our sole discretion and judgment. Oakland Creek Partners otherwise reserves the right to remove comments and reviews from our sites pursuant to our discretion and judgment, but maintains no obligation to do so.
You also agree to not redistribute, or reproduce elsewhere, comments in any manner or in any media, including the re-submission or republishing of any comments on any other site not affiliated with Oakland Creek Partners.
We take no responsibility and assume no liability for any comments posted by you or any third party.
12. INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHTS
Oakland Creek Partners Sites or Services and their entire contents, features, and functionality (including, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Oakland Creek Partners, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You shall not challenge the ownership or rights in the content on Oakland Creek Partners Sites or Services or any component thereof.
You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate our sites solely for your personal, non-public and non-commercial use. You are also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public, and non-commercial use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of our material, except for your personal, non-public, and non-commercial use. You shall not access or use for any commercial purposes any part of our Sites or Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites or Services in breach of these Terms, your right to use Oakland Creek Partners Sites or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted are reserved by Oakland Creek Partners. Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on Oakland Creek Partners Sites or Services are the property of Oakland Creek Partners, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including use on other materials, in presentations, as domain names, or as metatags, without our written permission.
Except as expressly provided above, no portion of our Sites or Services, their Contents or any copyright, trademark, trade name, service mark or any other proprietary information of Oakland Creek Partners (collectively, the “Intellectual Property”) displayed on Oakland Creek Partners Sites or Services or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of the Oakland Creek Partners. Use of any Oakland Creek Partners trademarks as metatags on any third-party site is strictly prohibited. You may not co-brand our site or display our site in frames (or any of the Content via in-line links) without prior written permission from Oakland Creek Partners; “co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of Oakland Creek Partners in such a manner reasonably likely to give a third party the impression that you or the third party has the right to display, publish or distribute our Sites or Service or any Content. You agree to cooperate with Oakland Creek Partners in causing any unauthorized co-branding, framing or linking to immediately cease. You may not remove, modify or alter any copyright, trademark or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish our right, title or interest in our Intellectual Property.
13. NOTICE AND TAKEDOWN PROCEDURE
Oakland Creek Partners is committed to resolving any copyright infringement issues according to the Digital Millennium Copyright Act as outlined in this Notice and Takedown Procedure.
13.1 COPYRIGHT INFRINGEMENT NOTIFICATION
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of title 17 of the United States Code (“Copyright Act”) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. This should include specific URLs to the work(s) and track titles of the work(s) as displayed at those URLs in the body of an email.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent by email to: info@Oakland Creek Partners.com, Subject: Oakland Creek Partners Copyright Infringement Notification
After we receive your copyright infringement notification, we will expeditiously take down the work(s).
If applicable, we will attempt to notify the alleged infringer of the copyright infringement notification and point them to the procedure for counter-notification. We will not share your personal information with the alleged infringer. If we receive a relevant counter-notification from the alleged infringer, we will forward it to you. You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Oakland Creek Partners’s Website or Services. If we receive such a notification, we will not restore the material. If we do not receive such notification, we may reinstate the material.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
14. JURISDICTION AND ENFORCEABILITY
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Illinois in connection with any action arising out of or related to these Terms or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
15. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. A “Force Majeure Event” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If a Force Majeure Event takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you. Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of a Force Majeure Event. Where the a Force Majeure Event affects our delivery of products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
16. WAIVER OF CLASSNAME ACTION RIGHTS
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR className ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A className ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold Oakland Creek Partners, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (collectively, the “Oakland Creek Partners Parties”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Sites or Services, (ii) your violation of the Terms, and (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Oakland Creek Partners reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Oakland Creek Partners. Oakland Creek Partners will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. OTHER IMPORTANT TERMS
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
We may revise these Terms from time to time in our sole discretion. Every time you use our Sites or Services, the Terms in effect at that time will apply to such use. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
We reserve the right at any time in our sole discretion to: modify, suspend or discontinue our Sites or Services or any service, content, feature or product offered through our Sites or Services, with or without notice; charge fees in connection with the use of our sites; modify and/or waive any fees charged in connection with our Sites or Services; and/or offer opportunities to some or all users of our Sites or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites or Services, or any service, content, feature or product offered through our Sites or Services.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We may terminate these Terms at any time without notice, and accordingly may deny you access to our sites, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.