NORTHSTAR PROPERTIES OF OKLAHOMA CITY, LLC TERMS OF SERVICE
1.Introduction and Binding Agreement
1.1. Welcome to www.northstar-ok.com. This website (the “Site”) is provided by Northstar Properties of Oklahoma City, LLC (hereinafter “Northstar”, “we”, “us”, or “our”) to individuals and families that visit our Site (the “User(s)”, “you,” or “your”). The following basic rules (the “Terms of Service” or “Agreement”) govern your use of the Site. Your use of the Site constitutes your unconditional agreement to be bound by the Terms of Service. Northstar reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Service at any time and without notice to you by posting such changes to this page. Northstar recommends you review the Terms of Service whenever you use the Site. Your continued use of the Site following the posting of these changes to the Terms of Service will constitute your acceptance of those changes. Northstar and its third-party providers may make improvements and/or changes in the Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at the Site, as provided herein.
1.2. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, WHICH INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND NORTHSTAR.
1.3. If you do not agree with the Terms of Service, do not use the Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
1.4. BY USING THE SITE YOU THEREFORE AGREE, REPRESENT AND WARRANT THAT YOU HAVE CONSENTED TO AND AGREED TO THE TERMS.
1.5. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT NORTHSTAR HAS OFFERED ACCESS TO THE SITE AND THE SERVICES THAT IT PROVIDES THEREIN IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NORTHSTAR, AND THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NORTHSTAR. NORTHSTAR WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY.
2. Use of the Site
2.1. If you are under the age of 18, then you agree to review the Agreement with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to the Agreement and that the user and his or her parent(s) or guardian(s) review and accept the Agreement on the User’s behalf through the Northstar registration process. If the reader of the Agreement is a parent or guardian entering into this Agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child’s use of Northstar and the services, including all financial charges and legal liability that such child may incur.
2.2. Northstar may disclose or alter any aspect of the Site, remove content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Northstar’s sole discretion and without prior notice or liability to you. You agree that Northstar may, in its sole discretion, immediately suspend and or terminate your access to the Site without any liability to you or any third party.
4. Additional Terms
4.1. Northstar may require you to agree to additional rules, policies, guidelines or other conditions (collectively “Additional Terms”) in order to use particular features, to participate in certain promotions, if any, available through Northstar, or to receive and/or use some other services that Northstar may offer from time to time. In such cases, you may be required to expressly consent to Additional Terms. For example, you might be obligated to check a box or clicking on a button marked “I agree” when conducting certain activities on the Site. This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the Terms of Service, the terms of the click-through agreement will supplement or amend the Terms of Service, but only with respect to the matters governed by the click-through agreement.
5. Third-party Terms of Service
5.1. Additional and/or different terms of service may apply to services or products provided through one or more of Northstar’s partners, advertisers, or business associates. You should refer to those third-party terms and conditions of use before accessing, purchasing, using, or subscribing to such services or products. Users must inquire with the third party to obtain a copy of their terms and conditions. Northstar is not responsible for and does not maintain records of third-party terms of service.
6. Ownership and Intellectual Property Rights
6.1. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Except as expressly permitted by applicable law or authorized by Northstar or applicable third-party service providers or advertisers, you agree not to reproduce (except for personal use as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. All Content and software used on the Site is the property of Northstar or its partners and is protected by U.S. and international copyright laws, and you acknowledge such. The Contents and software on the Site may be used only as an informational resource. Northstar grants you a personal, non-transferable and non-exclusive right and license to access and use the Site for this purpose; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or the Contents. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Site is strictly prohibited.
6.2. Without the express written consent of Northstar, you may not employ the Site to sell a product or service, or to increase traffic to your own website or a third party website for commercial reasons, such as advertising sales. You may not mirror the Website home pages or other pages on your website. Moreover, you may not “meta-search” Northstar.
6.3. If you seek to make commercial use of the Site, you must enter into an agreement with Northstar to do so in advance. Please contact us for more information.
6.4. The term Northstar, along with the associated logos and names of the specific Services are the exclusive trademarks of, and are owned by Northstar, and you may not use or display such trademarks in any manner without Northstar’s prior written consent. Any third party trademarks or service marks displayed on the Site are the property of their respective owners. Northstar reserves all rights not expressly granted hereunder.
7. Account Information
7.1. To access certain features of the Site, you may be asked to register an account. In the event you agree to register an account, you will select a username and password upon providing registration information and successfully completing the registration process. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Account creation/registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. Providing any untruthful or inaccurate information constitutes a breach of the Terms of Service. Northstar may refuse to grant a particular username to you for any reason, including, without limitation, if Northstar determines that such username (i) impersonates someone else, (ii) is protected by trademark or other proprietary right law or (iii) is vulgar or otherwise offensive. If you provide any information that is inaccurate or not current, or Northstar has reasonable grounds to suspect that such information is inaccurate or not current, Northstar has the right to suspend or terminate your Account and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from visiting the Site under the laws of any applicable jurisdiction.
7.2. As noted above, if you create an account, you will be asked to provide a password. You should keep this password strictly confidential. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Northstar in the event (a) your User Data changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security, and you agree to accept all risks of unauthorized access to the User Data and any other information you provide to Northstar. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents.
7.3. Northstar reserves the right to suspend your account and/or require that you alter your password if we believe for any reason that your password is no longer secure.
8. Financial and Payment Terms
8.1. Northstar offers access to this Site free of charge to Users. Consequently, Northstar does not request nor store any personal financial information. However, certain third parties and advertisers with whom Northstar maintains a commercial relationship may market or sell their own promotions and services on the Site (“Third Party Service Providers”). To participate in some of those promotions or obtain some of those services, you may be required to make payment for the specific service or promotion to a Third Party Service Provider that markets or sells that specific service or promotion. Northstar is not responsible for the administration or application of any payments required by any such Third Party Provider for any such select services or promotions. Northstar is not responsible for the performance or nonperformance of any Third Party Service Provider. You are in no way obligated to use or transact business with any particular Third Party Service Provider. YOU AGREE THAT NORTHSTAR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE ON THE SITE.
9. Northstar Prohibited Conduct & Uses
9.1. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Northstar will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt 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 the Site other than those search engines and search agents that are generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
9.2. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND REPRESENT AND WARRANT THAT YOU WILL NOT: (a) use the Site for any commercial or non-private use, it being understood that the Site is to be used for personal, non-commercial use only; (b) use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, but not limited to, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control; (c) impersonate any person or entity, including but not limited to a Northstar representative, or falsely claim an affiliation with any person or entity, or attempt to or actually gain access to the Northstar accounts of other Users; (d) share your account password with any third party or encourage any other User(s) to do so; (e) misrepresent the source, identity or Content of information transmitted via the Site; (f) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; sell or transfer or allow another person to access your account, passwords or profile; (g) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that otherwise infringes any intellectual property rights of any third party; or (h) use the Site to harm children in any way.
10. User Content
10.2. Northstar does not control any user content posted by its Users, nor does it have any obligation to monitor such user content for any purpose. Despite the fact that it has no monitoring obligations, Northstar reserves the right to remove any and all material, in its sole discretion, that is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate the Terms of Service. Because any user content offered in the Site is provided by other users and Northstar does not monitor or exercise control over the user content, Northstar does not make any warranties or representations regarding any of the user content offered via the Site or the quality thereof. Northstar does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the content. You understand that by using the Site, you may be exposed to content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Northstar be liable under any theory for such exposure.
10.3. Northstar will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Northstar is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to you any compensation for any User Content; or (3) to respond to any User Content. You agree that any User Content submitted by you to the Site will not violate the terms in this Terms of Service or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
10.4. You acknowledge, consent, and agree that Northstar may access, preserve and disclose your User Data and other User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Northstar, its users and the public. Subject to the foregoing, Northstar will use reasonable efforts to maintain the confidentiality of your User Data.
10.5. Northstar is not a backup service for storing User Content, and therefore Northstar shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any user content you post using the Site.
11. Third Party Content
11.1. Certain content displayed on or linked to the Site, including but not limited to third party websites, advertisement, sales literature, and promotional materials (collectively “Third Party Content”) is developed by individuals or merchants over whom Northstar exercises no direct control. Northstar does not endorse any Third Party Content, or the information, material, products, or services associated with Third Party Content. Furthermore, some Users may find some Third Party Content to be objectionable, inappropriate, or offensive. Therefore, Northstar does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any Third Party Content. In addition, your contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any Third Party Content exist solely and operate independently as between you and such individuals or merchants. You therefore agree that Northstar shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such Third Party Content.
12. Northstar Content
12.1. The Site contain trademarks, trade names, trade dress, service marks, copyrighted material concerning apartments and other Northstar related content, materials, and information owned by Northstar and others (collectively, “Northstar Content”).
12.2. Ownership Of Northstar Content
12.2.1. Northstar is the sole owner of all Northstar Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. You may not download, copy, or save any Northstar Content or any portion of it, for any purpose, except as permitted by select Services as provided for in the specific guidelines applicable to those Services), and in the limited cases where you need to print a copy of individual screens appearing as part of Northstar solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms of Service or applicable guidelines, a you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Northstar Content without the prior written permission of Northstar.
12.3.Content Is Only Our Opinion
12.3.1. ANY NORTHSTAR CONTENT, WHETHER PROVIDED BY NORTHSTAR OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) A PERSON’S OWN PERSONAL JUDGMENT, (B) ADDITIONAL INVESTIGATION, INQUIRY, AND DISCUSSIONS WITH A THIRD PARTY, OR (C) INFORMATION CONTAINED ON OR IN ANY PROMOTIONAL MATERIALS PROVIDED BY A THIRD PARTY.
13.1. The Site may provide, or third parties may provide, links to other websites or resources. Because Northstar has no control over such websites and resources, you acknowledge and agree that Northstar is not responsible for the availability of such external websites 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 websites or resources.
14. Disclaimer of Warranties, Release and Limitation of Liability, and Damages
14.1. The Site is provided “as is” and without warranties of any kind either express or implied. Northstar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Northstar nor its suppliers and licensors, makes any warranty that the Site will be error free, that errors on the Site will be corrected, or that access to the Site will be continuous or uninterrupted. You understand and agree that you submit information to, download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
14.2. NORTHSTAR AND ITS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE SITE OR ANY THIRD PARTIES LISTED OR LINKED TO THEREIN WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
14.3. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) THE CONTENT PROVIDED BY NORTHSTAR IS FOR INFORMATIONAL PURPOSES ONLY; (B) NORTHSTAR IS NOT REQUIRING YOU TO PURCHASE SERVICES FROM ANY OF THE THIRD PARTIES REFERENCED OR ADVERTISED ON ITS SITE; AND (C), NORTHSTAR IS SIMPLY PROVIDING LINKS TO CERTAIN THIRD PARTY SERVICE PROVIDERS AND HAS NOT CONDUCTED A THOROUGH INVESTIGATION OF THE THIRD PARTIES LISTED ON THE SITE. ANY CONTENT PROVIDED ON OR THROUGH THE SITE IS NOT INTENDED TO BE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR (I) A USER’S OWN BEST JUDGMENT, (II) A USER’S INVESTIGATION OF, AND OR VISIT, CALL, OR CONSULTATION WITH A THIRD PARTY, OR (III) INFORMATION CONTAINED ON OR IN ANY PROMOTIONAL MATERIALS PROVIDED BY A THIRD PARTY.
14.4. YOU EXPRESSLY AGREE TO RELEASE NORTHSTAR, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR INTERACTION WITH ANY THIRD PARTIES LISTED ON THE SITE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOURINTERACTION WITH ANY THIRD PARTIES LISTED ON THE SITE.
14.5. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SITE, (B) YOUR USE OR MISUSE OF ANY THIRD PARTIES LISTED OR BY NORTHSTAR, OR OTHERWISE ADVERTISED ON THE SITE, (C) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (D) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (E) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NORTHSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NORTHSTAR SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. 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 YOU.
14.6. IN NO EVENT SHALL NORTHSTAR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SITE WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
14.7. YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14.8. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. HOWEVER, YOU AGREE THAT NORTHSTAR’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14.9. YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. NORTHSTAR DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING, ACCESSING, OR USING ANY INFORMATION OR MATERIAL THROUGH THE SITE.
14.10. Northstar further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with or displayed and/or presented through the Site.
14.11. Northstar also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including Northstar Content and User Content.
14.12. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, RELEASES, OR LIMITATIONS MAY NOT APPLY TO YOU.
15.1. You agree to indemnify, defend, and hold harmless Northstar, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of the Terms of Service.
16.2. You may terminate the Terms of Service at any time, provided that you discontinue any further use of the Site. Northstar may also terminate the Terms of Service at any time and without notice, and may deny you access to the Site, if in Northstar’s sole discretion you fail to comply with any term or provision of the Terms of Service.
17.1. This Agreement constitutes the entire agreement between Northstar and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Northstar, or by the posting by Northstar of a revised version to the Site. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Oklahoma, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oklahoma County, Oklahoma. You hereby agree and consent to the exclusive consent jurisdiction of such courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign your rights under this Agreement to any party; Northstar may assign its rights under this Agreement without condition. You agree that no joint venture, partnership, employment or agency relationship exists between you and Northstar as a result of the Terms of Service or your use of the Site. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The Headings used in this Agreement are for informational purposes only.
18.1. We worked hard to create a user-friendly and easy-to-use Site. However, if you have any questions or require any support for any of the features on our Site, please contact us through the Site. We always appreciate your questions, comments, feedback, suggestions, and other communications regarding the Site (collectively, “Comments”). While you are not obligated to provide Comments, in the event that you provide Comments, you hereby grant to Northstar a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Comments and to use, make, have made, sell, offer for sale, import and export products and services based on such Comments. Consequently, please do not send us any Comments that you do not wish to license to us as set forth above.