Terms of Use

Effective: January 15th, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING INFORMATION ON THIS SITE ("Site"). By using this Site, you are agreeing to the Terms of Use. If you do not agree with the Terms of Use, you do not have permission to access this Site or view its contents. You are responsible for reviewing the Terms of Use periodically. If you do not agree with the Terms of Use at any time, you should immediately discontinue use of this Site.

OWNERSHIP

The McCalmon Group, Inc. (“McCalmon”) owns and operates this Site. McCalmon is located at 15 E. Fifth Street, Tulsa, Oklahoma. McCalmon may, at its discretion, invite third parties to provide content and/or promote services via the Site or utilize third parties to maintain portions of the Site.

INTELLECTUAL PROPERTY

All content, features, and functionality on this Site, including, but not limited to, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of McCalmon or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Any use of our content not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws. If you wish to make any use of content on the Site, other than those uses set out in this section, please address your request to: questions@mccalmon.com.

NO LEGAL ADVICE/ATTORNEY-CLIENT RELATIONSHIP

All content provided on and/or regarding the Site is for news/educational purposes only. It is not legal advice and shall not be considered legal advice. You acknowledge and agree that the Site is not intended to and does not:

1. Offer legal advice, convey legal advice, or constitute legal advice; nor is it meant as a substitute for legal advice. When seeking legal advice, you are cautioned to seek the advice of a licensed attorney. You should not act on any information provided on the Site without first seeking the advice of a licensed attorney;
2. Create an attorney-client relationship/privilege; and/or
3. Act as a solicitation for legal services.

McCalmon and any contributing authors do not intend to, and do not, make any guarantees or predictions on the outcome of legal matters, even if they happen to involve facts and circumstances similar to content on the Site.

 

McCalmon may have licensed attorneys on staff. These attorneys are licensed to practice law in specific jurisdictions; however, they are not engaged in the practice of law. You acknowledge and agree that you shall never assume that an attorney is licensed in your specific jurisdiction. Moreover, unless expressed in writing by an attorney, the attorneys listed on the Site, or attorneys who contribute articles, are not certified by, or certified as specialists or experts by, any professional, governmental, or licensing agency/authority. Designations of practice areas, expertise, practice concentrations, or specializations of attorneys are not intended to suggest or represent the contrary.

Licensed attorneys may write, review, edit, create, or otherwise interact with materials and/or information on the Site. However, your reliance on or use of such materials and/or information shall not constitute legal advice given by McCalmon or such licensed attorneys, none of whom are engaged in the practice of law.

INVITATION ONLY

This is not a Site open to the public or for public consumption. Access to the Site is by invitation only. McCalmon reserves the right to grant or deny access to any individual or organization at its sole discretion. Invitations are non-transferable and may be revoked at any time without notice or as dictated by a separate agreement with a user or Sponsor. By accepting an invitation to use the Site, you agree to comply with all terms and conditions set forth in the Terms of Use. Unauthorized access or use of the Site is strictly prohibited and may result in legal action.

SPONSOR

Sponsors are organizations that are invited by, or have an agreement with, McCalmon to access the Site. McCalmon may allow Sponsors to invite people to use the Site. McCalmon has sole discretion to accept an invitee of a Sponsor.

CONTRACTORS/THIRD-PARTY SERVICE PROVIDERS

McCalmon engages contractors and other third-party service providers to assist in various aspects of the Site, including, but not limited to, website development, maintenance, cloud services, content development, and data processing. By using the Site, you acknowledge and agree that these contractors and third parties may have access to your information you may have provided to perform their functions.

USE OF THIRD-PARTY SOURCES AND COPYRIGHT

The Site may include content, information, and materials from third-party sources. McCalmon makes a reasonable effort to provide accurate and up-to-date information; however, we do not guarantee the accuracy, completeness, or reliability of any third-party content. All third-party content is provided for news/educational/informational purposes only and is subject to the copyright and intellectual property rights of the respective owners of the third-party content.

By using the Site, you acknowledge and agree that:

• You should verify the information obtained from third-party sources by referring to the original source.
• McCalmon is not responsible for any errors, omissions, or inaccuracies in third-party content.
• McCalmon does not endorse or assume any liability for the content, products, or services provided by third parties.
• You must comply with all applicable copyright laws and regulations when using third-party content.

OPINIONS

The opinions and statements expressed on the Site through articles or other forms of written expression, are those of the individual authors and do not necessarily reflect the views or opinions of McCalmon, Sponsors, affiliates, or any of its employees. McCalmon does not endorse, guarantee, or assume responsibility for the accuracy, completeness, reliability, or usefulness of any written materials nor the merchantability or fitness of any particular product, service, or opinion for any particular purpose. Neither McCalmon, Sponsors, nor affiliates make any guarantees of the outcome of predictions made in the Site, including predictions on legal and risk management matters. By using the Site, you acknowledge and agree that any reliance on such opinions, advice, or statements is at your own risk.

ARTIFICIAL INTELLIGENCE

The Site may utilize artificial intelligence (AI) technologies to enhance user experience, provide personalized content, and improve services. By using the Site, you acknowledge and agree that AI may be used in various aspects of the Site, including, but not limited to, customer support, research, content, and data analysis.

CHANGES TO THE SITE

McCalmon reserves the right to modify, update, or discontinue any aspect of the Site at any time, with or without notice and/or liability for making the change. This includes, but is not limited to, changes to the content, features, functionality, and availability of the Site.

By continuing to use the Site after changes are made, you agree to be bound by the revised Terms of Use. It is your responsibility to review the Terms of Use periodically to stay informed of any updates. If you do not agree with any changes, you should discontinue using the Site immediately.

RESTRICTIONS: USE OF MATERIALS

No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded, or distributed in any way, except that you may print a reasonable number of copies of any material on the Site on any single computer for internal, non-commercial purposes so long as all copyright, trademark, and other proprietary notices on the materials printed are kept as written. Any modification of the materials on the Site for any purpose is a violation of copyright and other proprietary rights with the exception of a limited right to change Model Policies and Procedures and Model Forms for your internal use only. The use or republication of the material, including trademarks and copyrights, on any other web site or computer network without written permission from the copyright holder is strictly prohibited.

MODIFICATION

The Site includes certain information that, notwithstanding the restrictions stated in the RESTRICTIONS: USE OF MATERIALS (above), may be modified, only for internal purposes and never for commercial purposes. Those portions of the Site that allow modification are:

• Model Policies; and
• Model Forms.

Whenever you or your Organization download any material from the Site for modification, you acknowledge that McCalmon has not reviewed, read, inspected, or approved your material or the modifications to the Site material and that any changes you make to the material is at your own risk. Thus, McCalmon makes no claim, acknowledgement, or approval of any modifications made by you to the Site material. Any modifications made are performed at your own risk. You acknowledge that neither McCalmon, Sponsors, nor other Site contributors are responsible for your modifications.

McCalmon admonishes all users to seek the advice of an attorney before modifying and/or utilizing any material provided on the Site. Model policies and forms are meant as "example only" or for news/educational/informational purposes and are not meant to be used "as is."

USER CONTRIBUTION

By providing or contributing any information, content, or materials to McCalmon, you grant McCalmon a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, publish, distribute, and/or display such contributions in any manner and for any purpose. You acknowledge and agree that McCalmon is not obligated to provide any compensation or credit to you for your contributions. Furthermore, you represent and warrant that you have the necessary rights and permissions to grant this license and that your contributions do not infringe upon any third-party rights, including copyright. McCalmon reserves the right to remove or edit any contributions at its sole discretion.

NO GUARANTEE OF AVAILABILITY

McCalmon makes a reasonable effort to make certain the Site is accessible and available. However, McCalmon does not offer or guarantee continuous, uninterrupted, or error-free access to the Site. Access to the Site may be suspended temporarily or permanently without notice due to maintenance, updates, technical issues, or other reasons beyond our control. By using the Site, you acknowledge and agree that we are not liable for any interruptions, delays, or unavailability of the Site.

You acknowledge and agree that no refunds or credits will be provided for any outages, periods of unavailability, or periods you choose not to utilize the Site, for any reason.

USER EQUIPMENT REQUIREMENTS

To access and use the Site, you are responsible for ensuring that you have the necessary equipment, software, and internet connection. This includes, but is not limited to, a compatible device, updated web browser, and reliable internet service. We are not responsible for any issues or limitations arising from your equipment or internet connection. By using the Site, you acknowledge and agree that it is your responsibility to maintain and update your equipment and software as needed to ensure optimal performance and to access the Site and McCalmon services.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Site is for personal and non-commercial news/educational/informational use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer, or sell any information, software, products, or services from this Site, unless specifically permitted in writing as set forth herein.

PROHIBITED ACTIVITY

By using the Site, you agree not to engage in any of the following prohibited actions:

• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other users' accounts, or any systems or networks connected to the site or circumventing user authentication or Site security to access the same.
• Interference: Interfering with, or disrupting the operation of the Site, servers, or networks connected to the Site, including the introduction of viruses, malware, other harmful code, or use of any program/script/command designed to interfere with a user’s terminal session.
• Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Data Mining: Using any automated means, such as bots, spiders, or scrapers, to access, monitor, or copy any content or information from the Site without our express written permission.
• Illegal Activities: Engaging in any activity that is illegal, harmful, or violates the rights of others, including, but not limited to, copyright infringement, harassment, and/or fraud.
• Content Submission: Submitting or transmitting any content that is unlawful, defamatory, obscene, offensive, or otherwise objectionable.
• Commercial Use: Using the site for any commercial purpose without our prior written consent, including advertising or soliciting any products or services. See PERSONAL AND NON-COMMERCIAL USE LIMITATION (above).
• Legal Services: Requesting or demanding a legal opinion or legal services.

McCalmon reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these terms, including without limitation, reporting such violations to law enforcement authorities. McCalmon will cooperate fully with law enforcement in the prosecution of any illegal activities using this Site.

PROHIBITED COMMUNICATIONS

By using Site, you agree not to engage in any of the following prohibited communications:

• Acting in a false, inaccurate, misleading, or fraudulent manner, including creating a false identity for the purpose of misleading others.
• Sending or posting any content that is abusive, demeaning, hateful, threatening, harassing, racially-offensive, bigoted, insensitive, or otherwise offensive.
• Sending or posting any vulgar, obscene, discourteous, or indecent language and/or images.
• Advocating illegal activity or violation of any law, statute, ordinance, or regulation.
• Sharing or transmitting any content that is illegal, including, but not limited to, content that promotes violence, discrimination, and/or illegal activities.
• Sending or posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
• Sending or posting any malicious communication or any communication to harass, stalk, defame, threaten, or abuse any person, whether through the communication itself or by the method the communication is sent.
• Posting or transmitting any false, misleading, or deceptive information.
• Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, trade secret, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Post or distribute any material that infringes upon and/or violates any right of a third party (i.e., copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy).
• Disclosing personal information of others without their consent, including, but not limited to, addresses, phone numbers, email addresses, and credit card numbers.
• Advertising or soliciting others for commercial purposes not approved by McCalmon.
• Promote third parties unrelated to McCalmon or the Sponsor.
• Extending invitations to join the Site not approved by McCalmon or by a Sponsor.
• Spam or scam any aspect of the Site or users.
• Uploading or transmitting any viruses, malware, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other similarly harmful software/program/code that could damage or disrupt the operation of the Site or the devices of other users.
• Making available material or making statements that do not generally pertain to the designated topic or theme of any forum or other interactive feature of the Site.

McCalmon reserves the right to monitor, review, and remove any communications that violate these terms. Violations may result in the suspension or termination of your access to the Site and may be reported to the appropriate authorities.

McCalmon reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these terms, including without limitation, reporting such violations to law enforcement authorities. McCalmon will cooperate fully with law enforcement in the prosecution of any illegal activities using this Site.

LIMITED LICENSE TO ACCESS SITE

By using the Site, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for personal, non-commercial purposes only. This license is subject to your compliance with the Terms of Use and does not include any rights to:

• Modify, distribute, or reproduce any content from the Site without the prior written consent of McCalmon.
• Use any automated means, such as bots, spiders, or scrapers, to access, monitor, or copy any content or information from the Site.
• Interfere with, or disrupt the operation of, the Site or the servers and networks connected to the Site.
• Use the Site for any illegal or unauthorized purpose.
• Alter or remove any proprietary or intellectual property rights notices, labels, marks on, or within, the software or computer code that makes the Site and its programs function.
• Copy or reproduce any of the software or other computer code that is contained within the Site or that makes the Site and its programs function.
• Translate, engineer, decompile, disassemble, or create like or derivative works based on the software or the computer code that makes the Site and its programs function.
• Sell, re-sell, lease, license, rent, lend, sublicense, distribute or transfer, either directly or indirectly, the software or computer code that makes the Site and its programs function; or
• Transfer, provide, or make available the software or computer code to any third party.

McCalmon reserves the right to terminate this limited license at any time and for any reason, without notice or liability. Upon termination, you must immediately cease all use of the Site and destroy any copies of content obtained from the Site.

NO WARRANTY

The Site and its use are for general news/educational/informational purposes only. The Site may not operate correctly and may be substantially modified at McCalmon’s option. You acknowledge and agree that you shall not rely on the Site for any financial and/or legal reasons including when making any underwriting, claims, or other financial or legal decisions. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND MCCALMON DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR CONSULTATION GIVEN BY MCCALMON, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH CLIENT.

McCalmon does not represent or warrant that the material herein is current, complete, error-free, or invariably accurate, and any representation or warranty that might otherwise be implied is expressly disclaimed. You may come across materials that you find offensive or inappropriate while using our Site. We make no representations concerning any content posted by other users of this Site even prohibited content.

McCalmon does not warrant that the Site will be uninterrupted, error-free, secure, or free of malware or viruses or other harmful components.

By using the Site, you agree that McCalmon is not liable to you or others, in any way, for any damages of any kind or under any theory, arising from access to or use of or reliance on the information in this Site, including, but not limited to liability or damages under contract, tort theories, malpractice, negligence, or any damages caused by viruses contained within electronic files of this Site or any linked Site. These disclaimers and limitations on liability apply regardless of any prior notice or objection by any person or entity to us relating to the Site.

DISCLAIMER OF LIABILITY FOR DATA BREACHES

McCalmon takes reasonable measures to protect the security of your personal information. However, neither McCalmon nor the Sponsor can guarantee that unauthorized third parties will never be able to thwart or overcome our security measures or that they may obtain and use your personal information for improper purposes. By using the Site, you acknowledge and agree that:

• You do not provide any confidential information, including personal identifiers, to McCalmon or others while using the Site.
• McCalmon does not guarantee the security of your personal information and is not responsible for any data breaches, unauthorized access, or other security incidents that may compromise your information.
• You assume all risks associated with the transmission of your personal information over the internet including your choice of a password, other credentials, and any other choice damaged by potential data breaches.
• By your use of this Site, you agree to use a unique password for this Site different from all other passwords you may use for other accounts (online or offline) including, but not limited to, financial service, banking, crypto currency, or other money or credit accounts and you agree not to share your credentials with any other person online or otherwise and to keep your password safe and secure.
• You agree to make your password a minimum of eight characters in length and to use numbers, symbols, and upper and lower-case letters in your password. You agree not to use names, dates, or common words as part of your password.
• You agree to change your unique password every six months.
• McCalmon shall not be liable for any damages or losses arising from any data breaches, unauthorized access, or other security incidents, including, but not limited to, loss of data, identity theft, or financial losses.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL MCCALMON OR THE SPONSOR BE LIABLE TO YOU OR YOUR ORGANIZATION FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE LIKELIHOOD OF SUCH DAMAGES.

MCCALMON IS NOT RESPONSIBILE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OR IN ANY WAY RELATED TO: (a) ANY ERRORS OR OMISSIONS CONTAINED IN THE SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL OR TYPOGRAPHICAL ERRORS; (b) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE; (c) THE UNAVAILABILITY OF THE SITE FOR ANY REASON; AND (d) YOUR USE OF THE SITE.

MCCALMON IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY RELATED TO USE OF THIS SITE, ACCESS OF THIRD-PARTY LINKS, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

ADDITIONALLY, IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIM BY YOU OR YOUR ORGANIZATION BASED ON ANY THIRD-PARTY CLAIM OR FOR ANY CLAIM BY A THIRD-PARTY AGAINST YOU OR YOUR ORGANIZATION.

TOTAL, CUMULATIVE LIABILITY TO YOU ARISING OUT, OF OR RELATED TO, THE SITE OR THESE TERMS IS LIMITED TO $200 PER ORGANIZATION OR $20 PER USER NOT TO EXCEED $200. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY.

THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.

RESTRICTIONS: USE OF MATERIALS

All Site content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of McCalmon or its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By using the Site, you agree to the following restrictions:

• No Reproduction: You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, post, download, store, or transmit any of the content on the Site, except as follows:
  • Your computer may temporarily store copies of such content in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the site for your own personal, non-commercial use and not for further reproduction, publication, or distribution so long as all copyright, trademark, and other proprietary notices on the materials printed are kept as written.
• No Commercial Use: You may not use any content from the Site for commercial purposes without obtaining a license to do so from McCalmon or our licensors.
• No Alteration: You may not modify, adapt, or alter any content from the Site in any way. Any modification of the materials on the Site for any purpose is a violation of copyright and other proprietary rights with the exception of a limited right to change Model Policies and Procedures and Model Forms.
• No Unauthorized Access: You may not access or use the Site or any content for any illegal or unauthorized purpose, including, but not limited to, violating any intellectual property rights.

We reserve the right to terminate your access to the Site if you violate any of these restrictions.

LINKS TO OTHER WEBSITES

The Site may contain links to third-party websites that are not owned or controlled by McCalmon or Sponsor. These links are provided for your convenience and informational purposes only. By selecting these links, you acknowledge and agree that:

• No Endorsement: The inclusion of any link does not imply endorsement, approval, or recommendation by McCalmon or a Sponsor of the third-party site or any products or services offered on the third-party site.
• No Control: McCalmon has no control over the content, privacy policies, or practices of any third-party websites. We are not responsible for the availability, accuracy, or reliability of any information, content, or services provided by third-party websites.
• Assumption of Risk: Your use of third-party websites is at your own risk. McCalmon encourages you to review the terms of use and privacy policies of any third-party websites you visit.
• No Liability: McCalmon shall not be liable for any damages or losses arising from your use of, or reliance on, any third-party websites including any damages for data breaches.

The links do not imply legal authority to use any protected rights of others reflected in the links. McCalmon does not assume any responsibility for the content, accuracy, or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave the Site and your use of materials from linked sites is at your own risk.

RIGHT TO MONITOR USE/RIGHT TO INFORMATION

McCalmon reserves the right, but has no obligation, to monitor and review any and all use of the Site to ensure compliance with the Terms of Use and applicable laws and regulations. By using the Site, you acknowledge and agree that:

• McCalmon may monitor, review, and record your activities on the Site, including, but not limited to, your interactions, communications, and transactions.
• Monitoring is conducted to ensure compliance with our policies, detect and prevent unauthorized or illegal activities, and improve the overall user experience.
• You have no expectation of privacy regarding your use of the Site, except as provided in the Site’s Privacy Policy.
• McCalmon may disclose any information obtained through Site monitoring to law enforcement authorities, regulatory agencies, or other third parties as required by law or to protect our rights and interests.
• McCalmon, or a Sponsor, has the right in its discretion to edit, refuse to post, or remove any material submitted to, or posted on, the Site and the right to remove any material that either McCalmon, or a Sponsor, in its discretion, find objectionable.
• McCalmon, or a Sponsor, has the right to share information, without notice, as to usage of the Site, including the type of usage, amount of usage, and any written information submitted by you.
• McCalmon, or a Sponsor, may share generalized information about Site usage that may include compiled data on Site usage, including your usage of the Site.

ACCOUNT INFORMATION

By creating an account on the Site, you agree to provide accurate, current, and complete information about yourself as prompted by the Site’s registration form or as required to create an account. You may not: (a) select or use a user identification or password of another person; (b) use a user identification or password in which another person has rights; or (c) use a user identification or password that McCalmon in its discretion, deems offensive.

You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to:

• Ensure that the information you provide is accurate and up-to-date. Notify us immediately of any changes to your account information.
• Maintain the security of your account.
• Notify us immediately of any known or suspected unauthorized use of your account or any other breach of security including loss, theft, or unauthorized disclosure of your user identification or password.
• Accept responsibility for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this provision.

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

It is important that you are aware, and that you agree and acknowledge, that your account information, including your username and password, will not be considered confidential, and that neither McCalmon Group nor the Sponsor are under any obligation to keep your user identification and password confidential or secure from others.

You are admonished not to use any confidential personal identifiers, user identifications, or passwords as your user identification and password for the Site. If you do, you do so at your own risk. McCalmon cautions you to choose a unique password for this Site and not to use a password in use for any other site and not to reuse the password for this Site on any other web site.

As part of the registration process, users will also provide an email address for communication purposes, including for the purpose of receiving information from McCalmon regarding Site services or related services. You are cautioned to only provide a public work email address and not any private or personal email address. If you do so, you do so at your own risk.

Other information may be entered to your account, including job title, organization, work phone number, work address, or work fax number. McCalmon does not want, or collect, private information. Only public information is requested. You are admonished to not use or disclose on the Site any private or confidential personal or financial identifiers. If you do so, you do so at your own risk.

USER SUBMISSIONS

By submitting any content, materials, or information to the Site, you agree to the following terms:

• You grant McCalmon a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, publish, distribute, and/or display your submissions in any manner and for any purpose.
• You represent and warrant that you own, or have the necessary rights and permissions to grant, the license described above and that your submissions do not infringe upon any third-party rights, including copyright, trademark, patent, or trade secret.
• You acknowledge and agree that you will not receive any compensation, credit, or other consideration for your submissions.
• Your submissions must not be unlawful, defamatory, obscene, offensive, or otherwise objectionable. We reserve the right to remove or edit any submissions that violate these standards or our policies.
• You are solely responsible for your submissions and any consequences arising from their publication. We are not liable for any loss or damage resulting from your submissions.

ASSIGNABILITY OF RIGHTS

You may not assign your rights or delegate any duties under the Terms of Use without written consent from McCalmon. McCalmon may, without your consent, assign the Terms of Use and/or assign any rights or delegate any duties to any entity, including one that acquires all, or substantially all, of the business assets of McCalmon whether by merger, acquisition of stock or assets, operation of law, or the like.

TERMINATION

You may terminate the Terms of Use as they apply to you at any time by discontinuing use of the Site.

Your access to the Site, including access to restricted access parts of the Site, may be terminated immediately without notice by McCalmon, in its sole discretion, should you fail to comply with any of the Terms of Use or fail to meet the requirements of McCalmon or the Sponsor for access to the Site. Upon termination you, your organization and agents of your organization must cease use of the Site.

APPLICABLE LAW

User acknowledges that news/educational/informational services provided originate from the State of Oklahoma. The Terms of Use: (a) is governed exclusively by the laws of Oklahoma applicable to contracts made, accepted, and performed wholly within Oklahoma, without application of principles of conflicts of laws; (b) constitutes the entire agreement between you and McCalmon and with respect to the subject matter of this Terms of Use, superseding all prior oral and written agreements between you and McCalmon in such respect; (c) may be amended or modified, and any right under these Terms may be waived, only by a writing issued by McCalmon; (d) contains headings only for convenience, which headings do not form part, and will not be used in the construction, of these Terms; (e) may be enforced only in courts located within the County of Tulsa, Oklahoma and both parties consent to the jurisdiction of Tulsa County courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses; and (f) may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument.

CONTACT

If you have any questions, concerns, or feedback regarding the Site or the Terms of Use, or the Privacy Policy, you may contact McCalmon at questions@mccalmon.com. We strive to respond to reasonable inquiries in a timely manner. Please note that any communication with the Site owner is subject to the Terms of Use and our Privacy Policy. By contacting McCalmon, you agree to provide accurate and truthful information and to use respectful and appropriate language. We reserve the right to ignore or take appropriate action against any communication that is abusive, threatening, or otherwise violates the Terms of Use.

By contacting McCalmon, you acknowledge and agree that any communications, including, but not limited to emails, messages, and other forms of correspondence, are not private or confidential. You also acknowledge that your communications, even if made to a licensed attorney, are not confidential and are not considered privileged information protected under any attorney-client privilege. McCalmon reserves the right to monitor, review, and retain all communications for legal, regulatory, and operational purposes. Please refrain from sharing sensitive or confidential information. For more information on how we manage your data, please see the Privacy Policy.

SUBSCRIPTON AGREEMENT FOR PREMIUM SERVICES

This section of the Terms of Use applies to users who purchase, or are provided access to, the Premium Services of the Site. Premium Services are news/educational/informational services of McCalmon available for purchase from McCalmon or purchased by a Sponsor from McCalmon on behalf of a user. Users with access to the Site's Premium Services are referred to as Subscribers.

McCalmon agrees to provide Subscriber with access to the Premium Services of the Site in accordance with the terms and conditions set forth in the offer made to the Subscriber, the Agreement made with a Sponsor, as well as the terms and condition set forth in the Terms of Use and Privacy Statement.

1. TERM FOR PREMIUM SERVICES

   1. The subscription term for a Subscriber shall commence on the effective date of purchase and continue for a period purchased by the Subscriber or contracted for by the Sponsor.
   2. Month-to-month and yearly subscriptions will automatically renew for successive renewal terms unless written notice of non-renewal is provided 30 days prior to the end of the then-current term.
   3. McCalmon may terminate this Premium Services Subscription Agreement immediately if the Subscriber breaches any term of the Agreement. Upon termination, the Subscriber must cease all use of the Premium Services.

2. FEES AND PAYMENT FOR PREMIUM SERVICES

   1. Subscriber agrees to pay McCalmon the subscription fees set forth in the order form (“Subscription Fees”).
   2. All fees are non-refundable even if the Premium Services are cancelled prior to the end of the subscription term and/or never accessed.
   3. Subscription Fees shall be due and payable in advance on the first day of the subscription period.
   4. Subscriber authorizes McCalmon to charge the Subscriber’s designated payment method for Subscription Fees per the billing cycle Subscriber selected.
   5. You acknowledge and agree that you are the purchaser and are solely responsible for any taxes, duties, or other governmental fees and charges that may be imposed on your subscription, known or unknown at the time of the purchase. This includes, but is not limited to, sales tax, value-added tax (VAT), and any other similar taxes not paid or any deficit of payment by McCalmon.
   6. You are also responsible for seeking any applicable tax refunds or credits from the relevant tax authorities. McCalmon is not responsible for providing any tax advice or handling any tax-related matters on your behalf.

3. USE OF PREMIUM SERVICES SUBSCRIPTION

   1. In addition to agreeing to the Terms of Use, Subscribers agree to:
      1. Limited License: McCalmon grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Premium Services for news, education, informational, and non-commercial use.
      2. Prohibited Use of Premium Services:
         1. You may not modify, distribute, or reproduce any content of the Premium Services without McCalmon's prior written permission and consent.
         2. You may not use the content of the Premium Services for the purpose of resale or other commercial use.
         3. You may not use the Premium Services to provide or offer legal advice.
         4. You may not use the Premium Services for any illegal or unauthorized purpose.

4. COMPLIANCE WITH LAWS REGARDING PREMIUM SERVICES

   1. You agree to comply with all applicable laws and regulations in connection with your use of the Premium Services.

5. ACCOUNT SECURITY FOR PREMIUM SERVICES

   1. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account including any additional authorization required as a Subscriber to the Premium Services.

6. SERVICE MODIFICATIONS FOR PREMIUM SERVICES

   1. McCalmon reserves the right to modify, update, or discontinue the content that is part of the Premium Services or the Premium Services at any time, with or without notice. McCalmon is not liable for any modifications, suspensions, or discontinuations of the Premium Services, no matter the reason.

7. DISCLAIMERS OF WARRANTIES OF PREMIUM SERVICES

   1. The Premium Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. McCalmon disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. LIMITATION OF LIABILITY RELATED TO PREMIUM SERVICES

   1. In no event shall McCalmon be liable for any indirect, incidental, special, consequential, or punitive damages arising out of, or related to, this Premium Services Subscription Agreement, even if McCalmon may have, or should have, known of potential liability.

9. GOVERNING LAW FOR PREMIUM SERVICES SUBSCRIPTION AGREEMENT

   1. User acknowledges that services provided originate from the State of Oklahoma. The Premium Services Subscription Agreement: (a) is governed exclusively by the laws of Oklahoma applicable to contracts made, accepted, and performed wholly within Oklahoma, without application of principles of conflicts of laws; (b) constitutes the entire agreement between you and McCalmon and with respect to the subject matter of this Premium Services Subscription Agreement, superseding all prior oral and written agreements between you and McCalmon in such respect; (c) may be amended or modified, and any right under these Premium Services Subscription Agreement may be waived, only by a writing issued by McCalmon; (d) contains headings only for convenience, which headings do not form part, and will not be used in the construction, of this Premium Services Subscription Agreement; (e) may be enforced only in courts located within the County of Tulsa, Oklahoma and both parties consent to the jurisdiction of Tulsa County courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses; and (f) may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument.

10. AMENDMENTS TO PREMIUM SERVICES SUBSCRIPTION AGREEMENT

    1. McCalmon reserves the right to modify, update, or amend this Premium Services Subscription Agreement at any time. Any changes will be effective upon posting the revised Agreement upon notice or posting to the Site. The Subscriber's continued use of the Services after such changes constitutes acceptance of the revised Agreement.

11. CONTACT

    1. You may contact McCalmon about this Premium Services Subscription Agreement at questions@mccalmon.com