Terms of Service
By using the ontheground.com web site and/or mobile application (collectively “OnTheGround”), or any services of OnTheGround, LLC (the “Company”), you are agreeing to be bound by the terms and conditions herein (the “Terms”). OnTheGround reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance OnTheGround, including the release of new tools and resources, shall be subject to the Terms. Continued use of OnTheGround after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at http://ontheground.com/terms Violation of any of the terms herein will result in the termination of your account. While the Company prohibits such conduct and content, you understand and agree that the Company cannot be responsible for the content posted and you nonetheless may be exposed to such materials. You agree to use OnTheGround at your own risk.
Account Terms
You must be 13 years or older to use OnTheGround. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your account may only be used by one person – a single account shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account. You may not use OnTheGround for any illegal or unauthorized purpose. You must not, in the use of OnTheGround, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments & Refunds
A valid credit card is required for paying accounts. If you wish to cancel your free trial, and you do not cancel that account within the trial period, you will be billed monthly starting on the eighth day after your account was initially created. If you cancel prior to the processing of your first invoice on the eighth day, you will not be charged. OnTheGround is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered as sufficient cancellation. You can cancel your account at any time by clicking on your name in the top right corner and clicking "Cancel my account". All of your content will be immediately deleted from OnTheGround upon cancellation. This information can not be recovered once your account is cancelled. If you cancel OnTheGround before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of OnTheGround, for any reason at any time. Such termination of OnTheGround will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to OnTheGround and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, OnTheGround (or any part thereof) with or without notice. Prices of all services, including but not limited to monthly subscription plan fees to OnTheGround, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to ontheground.com. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of OnTheGround.
Copyright and Content Ownership
All content posted on OnTheGround must comply with U.S. copyright law. The Company claims no intellectual property rights over the material you provide to OnTheGround. Your profile and materials uploaded remain yours. However, upon designating any content to be publicly available, you forfeit any claim to ownership and grant the Company the exclusive right to display or sell the content. The Company does not pre-screen content, but it and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via OnTheGround. The look and feel of OnTheGround is copyright©2011 OnTheGround, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from the Company.
General Conditions
Your use of OnTheGround is at your sole risk. OnTheGround is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run OnTheGround. You must not modify, adapt or hack OnTheGround or modify another website so as to falsely imply that it is associated with OnTheGround or the Company. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of OnTheGround, use of OnTheGround, or access to OnTheGround without the express written permission by the Company. The Company may, but has no obligation to, remove content or an account containing content that it determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of OnTheGround, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. It is hereby disclosed that a member and officer of the Company holds an active license from the Oklahoma Real Estate Commission. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by the Company) of other OnTheGround customers, the Company reserves the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption. The Company does not warrant that (i) OnTheGround will meet your specific requirements, (ii) OnTheGround will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of OnTheGround will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through OnTheGround will meet your expectations, and (v) any errors in OnTheGround will be corrected. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use OnTheGround; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from OnTheGround; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; (v) or any other matter relating to OnTheGround. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and the Company and govern your use of OnTheGround, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms). Questions about the Terms of Service should be sent to hello@ontheground.com.