The use of this site, and the terms and conditions for the sale of any goods or service, is governed by the Terms of Use Agreement.  By using this site you acknowledge that you have read the Terms of Use Agreement and the disclaimers and caveats contained in this site, and that you accept and will be bound by the terms thereof. 

1.  Acceptance of Agreement

The Office of Community Research, Inc. (OCR, Inc.) provides its service to you, subject to the following Terms of Use Agreement (the “Agreement”), which may be updated by us from time to time without notice to you.  This Agreement is between you, the user of the site and OCR, Inc., the owner and operator of the site.  Your use of the web site or of any web page will be subject to the terms of this Agreement.  This Agreement governs your use of the Web site or any web page contained within the site (excluding linked pages, if any, not owned and operated by OCR, Inc.).  You agree to the terms and conditions outlined and set forth in this Agreement with respect to our Web site.  You can review the most current version of the Agreement at any time at http://www.officeofcommunityresearch.com/terms-of-use

In addition, when using particular OCR, Inc. services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement.

2.  Copyright Software

OCR, Inc. owns the intellectual property rights in the technology and software underlying the site.  Our site includes a combination of content that we create and that our users create. OCR, Inc. grants to you a nonexclusive license to use and display the Web site, and to download materials available through the Web site, all solely for your personal, noncommercial use.  You may not transfer, assign, sublicense, lend, or resell the rights granted under this license.  The Web site and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by OCR, Inc. or its licensors.  You may not modify the Content or republish, retransmit, or otherwise distribute any Content to any third person.  You may copy and display the Content solely for your personal, noncommercial use, as permitted by the license granted above.  All trademarks on the Web site are the property of their respective holders.

3.  Posted Content

Any and all users are solely responsible for any information posted or displayed on the site, as well as for any and all messages, emails, photographs or other images.  OCR, Inc. does not monitor the contents of postings and messaging and cannot be held responsible for any user’s materials.  OCR, Inc. does not control all of the content made available on the site.  We apologize in advance for any material found to be offensive by a user of the site.  Although OCR, Inc. does not pre-screen or approve content posted by others, it does reserve the right to immediately refuse or delete any content posted on the site that violates this Agreement.  If you find any material on the site to be offensive or otherwise displeasing, please contact us immediately at webmaster@officeofcommunityresearch.com.

4.  Restrictions and Prohibitions of Use

The site shall be used for lawful purposes only and shall not be used by anyone to post, propagate, distribute, publish, solicit, process or transmit any of the following: 

a.         Obscene Material, which includes, without limitation, any material that is lewd, pornographic, profane, indecent, sexually explicit, obscene, excessively violent, filthy, depraved or in any other manner offensive;

b.         Discriminatory or Harassing Material, which includes, without limitation, any material that is discriminatory or harassing in any manner, whether based on race, gender, age, national origin, religion, sexual orientation, marital status, disability or any other basis, or any material that is otherwise harmful, offensive, threatening, abusive, embarrassing, distressful, insulting, vulgar, hateful, disparaging, or otherwise objectionable and in violation of all applicable laws;

c.         Defamatory Material, which includes, without limitation, any material that consists of fraudulent data or information that the user believes or has reason to believe is false and is intended to be relied upon by others;

d.         Fraudulent Material, which includes, without limitation, any material that consists of fraudulent data or information that the user believes or has reason to believe is false and is intended to be relied upon by others;

e.         False Advertising, which includes, without limitation, any advertising, marketing or promotional data, information or materials that contain any deceptive, misleading and/or false representations, statements, claims, assurances or messages;

f.          Violations of Intellectual Property Rights Material, which includes, without limitation, any material that infringes upon another’s intellectual property rights, including copyright, trademark, trade secret, trade dress, patent, service mark or any other electronic or intellectual property right belonging to another person or entity;

g.         “Spam”, which includes, without limitation, transmitting unsolicited mail to another person or entity, including unsolicited commercial emails and mail bombing large volumes or unsolicited mail to another individual or entity;

h.         Systems Abuse, which includes, without limitation, abuse of Office of Community Research or OCR Contractor’s hosting servers, attacks on servers, mail bombs, hack attacks, port scanning or probing, materials, conduct or activity that invades any third party’s right to privacy, or harmful materials, conduct or activity that prevent other users from effectively using the system;

i.          Illegal Material, which includes, without limitation, any material that is illegal, encourages illegal activity or in any manner violates any international, federal, state or local laws or regulations;

j.          Unacceptable Material, which includes any conduct, data, email, information, content or activity that OCR, Inc., in its sole and absolute discretion, deems to be unacceptable use of the Services provided by OCR, Inc.

OCR, Inc. may monitor, to the extent permitted by law, any postings or messages performed through the Web site to ensure compliance with this Agreement.  OCR, Inc.  shall not be held responsible for the content contained in any postings or messages performed by a user of the site.

5.  Registration

Certain sections of the site may require you to register with a user name and password.  If registration is requested, you agree to provide us with true, accurate, current and complete registration information and to update your registration to keep it accurate, current and complete.  Your registration must be done using accurate information and user name chosen by you. The registration account is for your personal use only.  We do not permit (a) any other person to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing any such unauthorized use.

If we issue you a password, you agree to not reveal it to anyone else and you also agree not to use another’s password.  You are responsible for maintaining the confidentiality of your account and password and thus, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.  You also agree to properly exit from your account at the end of each session.  We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.  Your right to use the site is not transferable or assignable.  Any password or right given to you to obtain information or documents is not transferable or assignable.

6.  Indemnification

You agree to indemnify, defend and hold us, our owners, officers, directors, employees, our partners, agents, affiliates, licensors, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product, information and service providers, harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by OCR, Inc. in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

1.         Your use of our site;

2.         Any use or alleged use of your account or your password by any other person, whether or not authorized by you;

3.         The content, quality or performance of content that you submit to our site;

4.         Your connection to our site;

5.         Your violation of these terms; or

6.         Your violation of the rights of any other person or entity.

We reserve the right, at our own 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.

7.  Limitation of Liability

In no event will OCR, Inc. or any affiliate be liable for any loss, injury, claim, liability or damage of any kind whether direct or indirect, consequential, special, incidental or punitive, resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable there from, (b) the unavailability or interruption of the site or any features thereof, (c) your use of the site, (d) the content contained on the site or (e) any delay or failure in performance beyond the control of a Covered Party.

THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  IF YOU ARE DISSATISFIED WITH THE OCR, Inc. WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OCR, Inc. PARTY WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OCR, Inc. WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT OCR, Inc. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF OCR’s WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN OCR, Inc WEBSITES AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE OCR WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE OCR, Inc WEBSITE.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 6, 7 AND 8 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

8.  Exclusions of Warranty and Liability

THIS WEB SITE AND MATERIALS PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCR, INC.   IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY MATERIAL. OCR, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE OR MATERIALS OBTAINED THROUGH THE WEB SITE, EVEN IF OCR, INC. HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.  OCR, Inc. Privacy Policy

Passive and actively collected information and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.officeofcommunityresearch.com/privacy-policy

10.  Links

The Web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OCR, Inc. has no control over such sites and resources, you acknowledge and agree that OCR, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that OCR, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or web sites available on or through any such site or resource.

11.  Modification/Termination of Web site

OCR, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice.  You agree that OCR, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site.

12.  Miscellaneous

This Agreement constitutes the entire agreement between you and OCR, Inc. and governs your use of the Web site, superseding any prior agreements between you and OCR, Inc.  You also may be subject to additional terms and conditions that may apply when you use affiliate web sites, third-party content, or third-party software.  The Agreement and the relationship between you and OCR, Inc. shall be governed by the laws of the State of New York without regard to its conflict of law provisions.  You and OCR, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Dutchess County, New York.

The failure of OCR, Inc. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.  If any provision of the Agreement 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 Agreement 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 the Web site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.  Section Headings

The section titles in the Agreement are for convenience only and have no legal or contractual effect.