Terms of Use

Last Updated January 1, 2019

Welcome to OnlineSD ("Company" "we" or "our").

By using our corporate website located at www.onlinesd.com, ("website") or our services connected to our website ("Service"), you agree to abide by these Terms of Use, as they may be amended from time to time in our sole discretion. We will notify you of updates solely by posting on this page and updating the effective date of the change. No other notice will be provided to you. Thus, it is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable, you must immediately leave our website and cease all use of our Services. BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

1. PRIVACY POLICY INCORPORATED. We respect your privacy rights and as such we provide you a method to control the way we collect, store, and use your personal information. Our treatment of your private information can be found in the posted privacy policy which is incorporated into these terms by reference as though fully set forth herein.
2. REGISTRATION. You are required to open an account to use or access our Service. As such, you must complete the registration process by providing complete and accurate information requested on the registration form. You are also required to go through a vetting processing before you are approved to enter our Services. Once approved, you will be asked to create an account and provide a user name and password. You are solely responsible for maintaining the confidentiality of your password. You may not authorize anyone else to use your account or access our Service using your user name or password without our permission. Similarly, you may not access our Service using the account, username, or password of someone else. You agree to notify us immediately in the event you discovery an unauthorized use of your account, user name, or password. We are not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our parent, affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else using your account, username or password.
3. INTELLECTUAL PROPERTY. When using our website or Service, you agree to comply with all applicable laws, rules and regulations governing your use of the same. Your use of our Service and website is governed by and subject to laws of the United States regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or other content (collectively "Content") in violation of our or any third party's copyrights, trademarks, intellectual property or proprietary rights. You agree to honor all copyright ownership and intellectual property. You shall be solely responsible for any violations of applicable laws and for any infringements of intellectual property rights caused by any Content you provide or transmit, or that is provided or transmitted using your account or user id. Notwithstanding any provision in these Terms of Use, we are not granting you a license to use any of the trademarks, service marks, or logos owned by us or any third party.
4. SUSPENSION AND TERMINATION. In the event we reasonably believe you have violated any of your agreements with us or any applicable law, rule or regulation or we receive a claim of infringement of third party intellectual property rights we reserve the right to suspend Services to you and withhold access to your account while we investigate the violation. In such an event, you authorize us to access, review and copy your account in part or whole. We reserve the right to terminate your use of our Service and access to our website at any time for any reason with or without notice to you.
5. DISCLAIMER OF WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND. OUR WEBSITE AND SERVICES ARE AVAILABLE FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, SERVICES OR OTHER CONTENT PROVIDED TO YOU ON OR THOUGH OUR WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE THEORY OF DAMAGES INCLUDING, BUT NOT LIMITED TO TORT, CONTRACT OR OTHER LEGAL THEORY.
7. THIRD PARTY WEBSITES AND LINKS. You may reach content and additional programs through our website and links in your user account. These are third party content, programs and links. We have no control over the content or performance of these websites and make no guarantee regarding the accuracy, or quality of the information provided thereon and there appearance on or through our website is not an endorsement of the same. We assume no responsibility or liability for intentional or unintended, objectionable, inaccurate, misleading, or unlawful content, programs or websites that may be presented. You acknowledge and agree that we make no guarantees and are not responsible for links, websites, content, or downloads provided by such third parties by or through our website or services. You expressly agree to hold harmless and indemnify us from any claims related to third party content or links accessed through our website.
8. PROHIBITED CONDUCT AND USE. You are prohibited from accessing private or secure areas on or through our website. You are prohibited from reverse engineering any portion of the code constituting our website, service or programs of third parties. You are prohibited from violating or attempting to violate any security features on or through our website or Service, including, but not limited to, (a) accessing pages, content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the security or vulnerability of the Service, our website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to or through our website or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using our website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing our website or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access and/or use of our website and Services, your violation of these Terms of Use, your violation of an applicable law, rule or regulation, or your infringement of third party intellectual property. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. No settlement may be had without both parties written consent.
10. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Delaware, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Kent County, Delaware for all disputes arising out of or related to these Terms of Use.
11. SEVERABILITY AND WAIVER. In the event a court of competent jurisdiction finds any provision in these Terms of Use to be unenforceable, such provision shall be severed and all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
12. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use and the posted privacy policy; (b) modify our website and/or Service; and (c) discontinue our Services and close our website at any time. In the event we make changes to these Terms of Use or the Privacy Policy, we will post the revisions on our website, and the modifications shall be effective immediately on such posting. There will be no other notice of such modifications. You agree to review these Terms of Use and the posted Privacy Policy periodically to be aware of any revisions. You agree that, by continuing to use or access our website and Service following the posting of any modification, you agree to such modification.
13. ELECTRONIC SIGNATURE. You acknowledge and agree that by using our website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that its electronic submission constitutes your agreement and intent to be bound by this Terms of Use and all terms contained therein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 ("E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY US. You waive any right or requirement under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records by other than electronic means.