Terms

OAR (Outplacement Attorney Resources) Terms Of Use:

By signing up for an OAR membership you acknowledge and agree to the following Terms of Use:

1. Your user names and password must not be distributed to others. This will result in immediate termination of service.
2. OAR has the right to refuse membership or cancel membership at any time for any reason. Your membership fees are non-refundable.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The material on the Service is for the private, non-commercial enjoyment of members only. Any other use is prohibited.
4. OAR currently (a) provides members with access to materials that are provided to the site through various means and placed on the site for members to view, (b) collects various articles for users to view about topics relevant to their careers.
5. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
   
   OAR DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
   
   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 OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
6. AS AN OAR MEMBER, YOU WILL BE BILLED FOR A MEMBERSHIP IN ACCORDANCE WITH OAR’S MEMBERSHIP FEE. IF YOU ARE A MONTHLY SUBSCRIBER, AS OF THIS DATE THE MEMBERSHIP FEE IS $99.00 PER MONTH. YOU WILL BE AUTOMATICALLY BILLED EACH MONTH, UNTIL AND UNLESS YOU CONTACT US BY TELEPHONE TO CANCEL YOUR MEMBERSHIP. YOU WILL BE BILLED $99/MONTH OF ACCESS. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME, BUT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY UNUSED PORTION REMAINING ON YOUR ACCOUNT. YOU MUST CANCEL BEFORE YOUR NEXT BILLING DATE IN ORDER TO AVOID A CHARGE FOR THE FOLLOWING MONTH-LONG PERIOD. IF YOUR BILLING DATE FALLS ON A WEEKEND OR LEGAL U.S. HOLIDAY, IT IS YOUR RESPONSIBILITY TO CALL ON A WEEKDAY PRIOR TO YOUR BILLING DATE. YOUR BILLING DATE REFLECTS THE DATE YOUR MEMBERSHIP WITH OAR WAS INITIATED. YOU MAY CANCEL YOUR MEMBERSHIP WITH OAR BY CALLING US AT OUR DIRECT LINE AT (800) 680-7365 BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M. (PACIFIC STANDARD TIME), MONDAY THROUGH FRIDAY (EXCLUDING HOLIDAYS), AND SPEAK WITH ONE OF OUR CUSTOMER SERVICE REPRESENTATIVES TO TELL US YOU NO LONGER WISH TO BE CHARGED FOR THE SERVICE. OAR RESERVES THE RIGHT TO CHANGE THE MEMBERSHIP FEES AT ANY TIME. YOUR SUBSCRIPTION TO OAR WILL BE AUTOMATICALLY RENEWED EVERY MONTH, UNLESS OAR IS NOTIFIED BY PHONE. UNTIL YOU TERMINATE YOUR MEMBERSHIP, YOU AUTHORIZE OUR BILLING COMPANY (VERISIGN) TO CHARGE YOUR CREDIT CARD (OR OTHER APPROVED FACILITY OR MECHANISM) FOR THE ONGOING SUBSCRIPTION FEE.
   
   WHEN YOU SIGN UP FOR OAR WITH A PROMOTION CODE THAT OFFERS FREE OR REDUCED COST ACCESS FOR A SPECIFIED PERIOD, YOUR CREDIT CARD WILL BE CHARGED ACCORDINGLY FOR THE SPECIFIED PERIOD, ALLOWING YOU ACCESS DURING THAT PERIOD. IF THE PROMOTION REQUIRES YOU TO SUBMIT PAYMENT INFORMATION, YOUR CREDIT CARD WILL BE CHARGED ON THE DAY IMMEDIATELY FOLLOWING THE END OF THE SPECIFIED PERIOD, UNLESS YOU CALL US DURING THE PROMOTION PERIOD TO CANCEL AS DESCRIBED IN THIS PARAGRAPH, AND YOU WILL CONTINUE TO BE BILLED THEREAFTER IN ACCORDANCE WITH THE TERMS OF YOUR SUBSCRIPTION. FOR EXAMPLE, IF YOU SIGN UP WITH A TRIAL OFFER, YOU WILL BE BILLED THE PERIODIC FEE, AND WILL CONTINUE TO BE BILLED THE PERIODIC FEE EACH BILLING PERIOD THEREAFTER. ANY FREE TRIAL OFFER ASSOCIATED WITH OAR ENTITLES NEW SUBSCRIBERS TO A ONE-TIME FREE TRIAL USAGE OF THE SERVICE. BY SIGNING UP FOR OAR WITH A PROMOTION CODE OFFERING FREE ACCESS FOR A SPECIFIED PERIOD AND SUBMITTING PAYMENT INFORMATION, YOU SPECIFICALLY AUTHORIZE US TO CHARGE YOUR CREDIT CARD FOR THE PERIODIC FEES UNDER WHICH YOU HAVE SIGNED UP, BEGINNING IMMEDIATELY AFTER THE END OF THE SPECIFIED PROMOTION PERIOD. IF YOU WISH TO TERMINATE THE TRIAL AND DO NOT WISH TO BE BILLED ON A RECURRING BASIS, YOU MUST CALL TO CANCEL BEFORE THE END OF YOUR TRIAL PERIOD, AS DESCRIBED ABOVE.
7. Please inform OAR of any of the following changes in your credit card or debit account: Change in home or billing address or other contact information; card loss or theft or unauthorized usage of the card; or apparent breach of security of username or password, such that unauthorized access to the OAR service via the card is possible. Unless you give proper notice to OAR of any such event, you agree to pay all charges for unauthorized use of the service. In addition, OAR shall not be responsible for any bank overdraft fees, charges for exceeding credit limits, or any other fees or charges that may be imposed by your bank or credit card company. If your credit or debit card is declined for any reason, you will be sent an invoice for the amount due, and you agree to pay that invoice. This invoice is payable by contacting our Customer Service Department during their stated hours of operation, or by sending remittance by check to:
   
   OAR (Outplacement Attorney Resources)
   20 S. Altadena Dr.,
   Suite 102,
   Pasadena, CA 91107
   
   Should the check payment of your outstanding invoiced balance be returned unpaid for any reason (non-sufficient funds, account closure, etc.) OAR will assess a per-check fee of $40.00, regardless of the checks written amount. You agree to pay this penalty if your check is unable to be deposited. OAR assumes no responsibility for fees, charges, or any other penalty that may be imposed by your bank as a result of an unpaid check.
8. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OAR 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 OAR 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 OAR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
9. You, and not OAR, are entirely responsible for all content that you upload, post, email or otherwise transmit via OAR. The information on OAR is provided by OAR, various users of the service and outside parties and OAR does not guarantee the accuracy, integrity, tastefulness, or quality of such information.
10. You agree to not use the Service to:

    i. impersonate any person or entity, including, but not limited to, another individual in search of a legal position;

    ii. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    iii. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity, privacy or other rights of any party;

    iv.  upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;

    iv.  upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    v.  interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

    vi.  "stalk," otherwise harass an employer by advising OAR of positions that are not actual; or

    vii.  collect or store personal data about other users.

11. You acknowledge and agree that OAR may preserve your personal information and may also disclose this personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that any of this personal information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OAR, its users and the public.
12. OAR neither endorses nor is responsible for the accuracy or reliability of any opinion or statement made on OAR. Under no circumstances will OAR be liable for any damage caused by reliance on information obtained through OAR. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information opinion, advice or other information available through OAR. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion other content.
13. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of OAR, use of OAR, or access to OAR. Only one person may access any OAR website at any given time using the same username and password, unless we agree otherwise in writing. OAR reserves the right to immediately revoke your account and/or assess a $10,000 daily penalty for copying any copyrighted text from our sites or otherwise misusing or misappropriating any site content, including but not limited to, use on a "mirrored", competitive, or third-party site.
15. You acknowledge that OAR may establish general practices and limits concerning use of OAR, including without limitation the maximum number of days that information pertaining to you or other uploaded content will be retained by OAR, the maximum number of email messages that may be sent from or received by an account on OAR, the maximum size of any email message that may be sent from or received by an account on OAR, the maximum disk space that will be allotted on OAR's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that OAR has no responsibility or liability for the deletion of or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
16. Notices to you may be made via either email or regular mail. OAR may also provide notices of changes to OAR or other matters by displaying notices or links to notices to you generally on OAR.
17. OAR, the OAR logo, trademarks and service marks, and other OAR logos and product and service names are trademarks of OAR Inc. (the "OAR Marks"). Without OAR's prior permission, you agree not to display or use in any manner, the OAR Marks

    OAR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OAR with the following information:

    i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    ii. a description of the copyrighted work that you claim has been infringed;

    iii. a description of where the material that you claim is infringing is located on the site;

    iv.  your address, telephone number, and email address;

     v.  a 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;

    vi.  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.

     OAR's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
    
    By mail:
    OAR Copyright Agent
    20 S. Altadena Dr., Suite 102
    Pasadena, CA 91107

18. OAR may be used only for lawful purposes by individuals seeking career information and employers seeking outplacement assistance. As one of the conditions of your use of OAR, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) OAR for any purpose or in any manner that is prohibited by these terms, conditions, and notices or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of OAR complies with these Terms of Use (the "Terms of Use") and to seek prior written consent from OAR for any uses not permitted or not expressly specified herein. OAR specifically prohibits any use of this Site, and you hereby agree not to use this Site, for any of the following:

     i. posting any incomplete, false or inaccurate information about yourself, your organization, and/or your postings. Further, organizations and/or individuals which represent hiring organizations (i.e. recruiting or staffing agencies) must identify themselves as such on the site during the signup process and must not otherwise misrepresent themselves or the positions that they post;

    ii. posting any material that is not entirely your own or for which you do not have full rights to use;

    iii. posting, advertising, or otherwise promoting any franchise, "pyramid" scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
    iv. deleting or otherwise revising any material posted by any other person;
    v. using any device, software, or routine to interfere (or attempt to interfere) with the proper working of OAR or any activity being conducted on this Site;
    vi. taking any action that imposes an unreasonable or disproportionately large load on OAR's infrastructure (including without limitation "flooding," "spamming," "mailbombing," or "crashing" the Site);
    vii. notwithstanding anything to the contrary contained herein, using (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search OAR other than the search engine and search agents available from OAR on the site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.);
    viii. accessing data not intended for you or logging into a server or account that you are not authorized to access;
    ix. probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    x. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
    xi. if you have a password, allowing any other person to access a non-public area of this Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; and
    xii. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site.

     

19.  OAR provides its valued members the opportunity to register for account updates, news, and marketing information delivered via text messaging and other wireless devices such as mobile phones. You may provide your consent to receive such information from OAR either when registering on this website or by contacting us at any time. The relevant information requested as part of your online registration process is your telephone number or a wireless email address, but only if specifically requested, and the carrier's name.

    Members who register for OAR's wireless marketing services acknowledge, understand, and agree that they will likely be charged by the user's wireless carrier for all messages sent to the user from OAR. Standard messaging rates will apply unless noted otherwise. Under no circumstances will OAR or any of its affiliates be responsible for any wireless email or text messaging charges incurred by a member or by a person that has access to a member's wireless device, telephone number, or email address.

    You hereby understand, acknowledge, and agree that OAR may, in its sole discretion and without liability to any member, terminate any of its specific wireless update services or all wireless update services at any time without advance notice. OAR may provide notice of termination or changes in services on this website.

20. You hereby warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to enter into agreements of this nature. OAR makes no representation or warranty that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. You further represent and warrant that you understand the nature of the content published on this site, namely, information about legal positions, and that you voluntarily and knowingly choose to view such material. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.

21. This constitutes the entire agreement between you and OAR and governs your use of the Service, superseding any prior agreements between you and OAR. You also may be subject to additional Terms of Use that may apply when you use affiliate services, third-party content, or third-party software. You agree that any and all disputes, controversies or claims arising under or in any way related to your relationship with OAR, including fraud in the inducement, or relating to the general validity or enforceability of any of the provisions hereof, shall be submitted to final and binding arbitration in Los Angeles, California under the auspices and rules of the American Arbitration Association. Furthermore, the relationship between you and OAR shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. If, however, a dispute arises that is required to be adjudicated in court, you and OAR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

22. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

23. We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use OAR.com after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

    The failure of OAR to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of service 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 OAR or the terms of service that you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.