Member Account, User ID and Security
Subscriber and each employee will receive a User ID and account designation upon completing the registration process. Subscriber is responsible for maintaining the confidentiality of the user ID and account, and is fully responsible for all activities that occur under Subscriber's user ID or account.

Subscriber will (a) immediately notify O'Connor of any unauthorized use of Subscriber's user ID or account or any other breach of security, and (b) ensure Subscriber exit from Subscriber's account at the end of each session. O'Connor will not be liable for any loss or damage arising from subscriber's failure to comply with this Section.

Customer Support
O'Connor will provide up to two (2) hours of training per location, up to a maximum of three (3) locations. Thereafter, O'Connor will use their best efforts to provide technical support response times for the following events: (a) Notification by Subscriber of inaccurate or outdated data input: 1 business day (Premium Option) (b) Major interruption in Subscriber service: 4 hours

Additionally, O'Connor will use commercially reasonable efforts to respond to Subscriber issues during regular business hours. O'Connor is entitled to shut the site down for routine maintenance during non-peak usage hours.

Prohibited Use and Proprietary Notices - Data
The O'Connor Web Site is a data gathering and dissemination site to be used for commercial use only. Subscriber shall not modify, copy, (except for Subscriber's own use; including the premium option for the exportability of the data), distribute, disclose, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the O'Connor Web Site. Subscriber may not use or copy this product except as expressly provided for in this agreement. If Subscriber violates the terms of this agreement, Subscriber's license to access the Data will be terminated. Use of this product for the purposes of compiling lists or databases for sale, gift, or rental to anyone other than Subscriber and Subscriber employees is strictly prohibited.

Derivative Works and Attribution of Data
Subscriber may utilize small quotes or a combination of small pieces of information from the O'Connor Web Site to disseminate to clients or prospective clients. Any use of the data is subject to the requirement that the information be properly attributed to O'Connor & Associates. Proper attribution must include the name O'Connor & Associates or www.oconnordata.com as the source.

Improper Use of Services
Subscriber agrees that he/she will not:

• Email, publish, post, upload, distribute, transmit or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Subscriber owns or controls the rights thereto or have received all necessary consents.
• Collect information about O'Connor, its affiliates, suppliers and vendors without their consent.
• Violate any applicable laws or regulations.

O'Connor reserves the right to monitor all materials posted to the O'Connor Web Site in its sole and absolute discretion. O'Connor reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Web-Based Application Prohibitions
Subscriber acknowledges that the Web application available to Subscriber through use of the O'Connor Web Site is either the licensed or copyrighted work of O'Connor and/or its affiliates, vendors and suppliers. The Web Site is owned, licensed or covered by a use agreement by O'Connor and/or its affiliates, vendors and suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the program is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF O'CONNOR WEB SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Subscriber acknowledges that the Web Site, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. Subscriber agrees not to export or re-export the Web Site, partly or in full, directly or indirectly, to any countries that are subject to USA export restrictions.

Subscriber shall not attempt, nor assist or provide others the opportunity, to reverse-engineer any of the applications or web site functions. The O'Connor Web Site may not be used in any manner that could damage, disable, overburden, or impair the O'Connor Web Sites, or interfere with any other party's use and enjoyment of the O'Connor Web Site. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the O'Connor Web Site.

Warranty
O'Connor and/or its respective affiliates, vendors and suppliers make no representations about the suitability, availability, timeliness, and software products, services and related graphics contained on the O'Connor web site for any purpose. All such information, software, products, services and related graphics are provided “as is� without warranty of any kind. O'Connor and/or its respective affiliates, vendors and suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall O'Connor and/or its affiliates, vendors and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the O'Connor web site, with the delay or inability to use the O'Connor web sites or related services, the provision of or failure to provide services, or for any information, software, products and services obtained through the O'Connor web sites, or otherwise arising out of the use of the O'Connor web site, whether based on contract, tort, negligence, strict liability or otherwise, even if O'Connor or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to subscriber if subscriber is dissatisfied with any portion of the O'Connor web sites, or with any of these terms of use, subscriber's sole and exclusive remedy is to discontinue using the O'Connor web site.

General

• This Agreement is governed by, and interpreted in accordance with the laws of the State of Texas, U.S.A. and jurisdiction and venue shall be in the courts of Harris County, Texas, U.S.A.
  No joint venture, partnership, employment, or agency relationship exists or shall be created by or between O'Connor and
• Subscriber as a result of this Agreement or use of the O'Connor Web Site.
• If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
• Unless otherwise specified herein, this Agreement constitutes the entire agreement between the Subscriber and O'Connor with respect to the O'Connor Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Subscriber and O'Connor with respect to the O'Connor Web Site. O'Connor reserves the right at any time, and from time to time to modify, discontinue or alter the content of the
• O'Connor Web Site, and its affiliates, suppliers and vendors shall also have such right in connection with any link offered through terms, conditions, and notices under the O'Connor Web Site.
• A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.