Terms of Service

Last Updated: January 1, 2021

Welcome to this website hosted by OnSite Media and its affiliates (collectively, “OnSite Media,” “we,” “us,” or “our”). OnSite Media maintains this website as well as our affiliated sites (collectively, “OnSite Media Sites”). Your access to and use of the OnSite Media Sites are subject to these Terms and Conditions (“Terms”). Please read these Terms carefully before accessing or using the OnSite Media Sites, so that you fully understand your rights and responsibilities. By accessing or using the OnSite Media Sites, you agree on behalf of yourself and any company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. Please print a copy of these Terms for your reference.

If you do not agree with these Terms or our Privacy Policy, do not access or use the OnSite Media Sites.

OnSite Media reserves the right to modify or amend these Terms at any time. All changes will be effective immediately upon their posting on the OnSite Media Sites. Material changes will be posted conspicuously on the OnSite Media Sites or otherwise communicated to you. By accessing the OnSite Media Sites following posting of changes to these Terms, you agree to all such changes.

Privacy Policy

We may collect certain information from your use of the OnSite Media Sites as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the OnSite Media Site constitutes your consent to the information collection, use, and sharing as set forth in our Privacy Policy.

Information Only Site

The content available on the OnSite Media Sites is provided for informational purposes only. DO NOT RELY ON INFORMATION ON THE ONSITE MEDIA SITES, including general information.

Site Information

Information displayed on the OnSite Media Sites is subject to modification without notice. OnSiteMedia reserves the right to modify such information without any obligation to notify past, current or prospective website users. OnSite Media makes no representations that the materials on the OnSite Media Sites are appropriate or available for use in any particular state or other countries besides the United States. Those who do access the OnSite Media Sites are solely responsible for compliance with the laws of the state or country in which they reside. All offers set forth on the OnSite Media Sites are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Intellectual Property Rights

Copyright©2012-2021. All rights reserved.

The OnSiteMedia Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of OnSite Media or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to OnSite Media or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The OnSite Media Sites may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Access; Designated Shipping Areas

The OnSite Media Sites are intended for access only by residents within our designated shipping areas, currently United States, Puerto Rico and U.S. Virgin Islands. Potential users in any other jurisdiction whose laws or regulations would void these Terms in whole or in any essential part, or which makes accessing the OnSiteMedia Sites illegal, are unauthorized to use the OnSite Media Sites, and do so entirely at their own risk.

Use of this Site

You may download and/or print one (1) copy of the OnSite Media Sites’ content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish, transmit, or create derivative works of any of the content or materials of the OnSite Media Sites without the prior written consent of OnSite Media.

You may not use the OnSite Media Sites for unlawful purposes. You may not access, use, or copy any portion of the OnSite Media Sites or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the OnSite Media Sites to post or transmit any material that contains any viruses, Trojan horses, worms, timebombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the OnSiteMedia Sites or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the OnSiteMedia Sites, commit fraud or falsify information in connection with your use of the OnSite Media Sites, or act maliciously against the business interests or reputation of OnSite Media.

You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the OnSite Media Sites.

Linking to the OnSite Media Sites

If you operate a website and are interested in linking to the OnSite Media Sites: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URLhttp://www.onsitemedia.com and not to any other pages; (3) the link and its use must be in connection with a website of appropriate subject matter; (4) the link and its use may not be such that may damage or dilute the goodwill associated with OnSite Media’ names and trademarks; (5) the link and its use may not create the false appearance that any program, person, or entity is associated with or sponsored by OnSite Media; (6) the link, when activated by a user, must display the website full-screen and not with a “frame” on the linked website. OnSite Media reserves the right to revoke consent to the link at anytime in its sole discretion, either by amending these Terms or through other notice.

Your User Account

You will be required to create an online OnSite Media account in order to purchase products using the OnSite Media Sites. You will be required to submit certain information in order to set up your account and will be required to establish a username and password.

You warrant that all information you provide to us in connection with your access to and use of the OnSite Media Sites is true, accurate, and complete to the best of your knowledge and belief.

We will never ask you for your password in a phone call or in an email unless you call or email us first and need help. Remember to sign out of your account by clicking on “LOGOUT” when you finish each session on the OnSite Media Sites.

You are responsible for maintaining the confidentiality of any information you use in connection with the OnSite Media Sites, including your username and password. You must immediately inform OnSite Media if there is a problem with your account. You are responsible for all activities in your account. OnSite Media reserves the right, in its sole discretion, to terminate your use of the OnSiteMedia Sites for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms. In connection with your access and use of the OnSite Media Sites and that of any person authorized by you to access and use the OnSite Media Sites, you are responsible for complying with all applicable laws, regulations and policies ofall relevant jurisdictions, including all applicable local rules regardingonline conduct.

Payment; Return Policy; Taxes

You must submit the necessary credit or debit card information when you place an order through the OnSite Media Sites. If the card information you submit is incorrect or invalid, your payment or order will not be processed. Payment is subject to the approval of the financial institution issuing the card. Neither OnSite Media nor its third-party payment processor has any responsibility or liability if the financial institution refuses to accept or honor your card for any reason. OnSiteMedia works with a PCI-compliant third-party payment processor to help ensure the security of your credit card data as further set forth in our Privacy Policy. Product returns are subject to our Return Policy. Refunds, if available, are at OnSite Media’ sole discretion. Product prices do not include sales, use, excise, other taxes, or shipping and handling fees, all of which will be charged separately and are your responsibility.

Product Availability

The prices and availability of products made available on the OnSite Media Sites may change at any time without notice to you. Prices remain valid while they are listed and offered on the OnSite Media Sites. Prices will be as posted on the OnSite Media Sites as of the date and time of your order, as applicable. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas. All orders placed through the OnSite Media Sites are subject to the applicable terms and policies of our third-party payment processor. We reserve the right to modify product offerings at any time. We may change product pricing at any time due to market conditions, product discontinuation, or any other circumstances.

Refer a Customer

The OnSiteMedia Sites may allow you to provide the email address of another person or entity that you think may be interested in becoming a OnSite Media customer. Use of any such contact information is governed by the Privacy Policy. If you provide another person’s or entity’s email for this purpose, you warrant and represent that you have the right to provide such information to OnSite Media for this purpose.

We Can Suspend Your Account

We can suspend or close your account on the OnSite Media Sites or otherwise cease providing the OnSite Media Sites in whole or in part at any time and for any or no reason and without notice to you.

Force Majeure

OnSite Media will not have any liability for failure or delay in performing any obligation to deliver products due to circumstances beyond its reasonable control, including without limitation acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.

NO WARRANTY

ONSITE MEDIA MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON THE ONSITE MEDIA SITES ARE ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED. THE ONSITE MEDIA SITES AND PRODUCTS AREPROVIDED BY ONSITE MEDIA ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. ONSITE MEDIA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ONSITE MEDIA SITES AND PRODUCTS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES REGARDING AVAILABILITY, QUALITY, ACCURACY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ONSITEMEDIA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BEOBTAINED FROM USE OF THE ONSITE MEDIA SITES, PRODUCTS, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE ONSITE MEDIASITES, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE ONSITE MEDIA SITES. ONSITE MEDIA DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE ONSITE MEDIA SITES, PRODUCTS, OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE ONSITE MEDIA SITES OR (2) THAT USE OF THE ONSITE MEDIA SITES, PRODUCTS, OR ANY MATERIALS ON THE ONSITE MEDIA SITES WILL MEET ANY USER’S REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ONSITE MEDIA SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ACKNOWLEDGEAND AGREE (1) THAT YOUR USE OF THE ONSITE MEDIA SITES AND PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY PRODUCTS, MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONSITE MEDIA SITES IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FORANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THEDOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. ONSITE MEDIA DOES NOT WARRANT OR GUARANTEE THAT FILESOR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE ONSITE MEDIA SITESWILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM. NONE OF THE PARTIES INVOLVED INCREATING, PRODUCING, OR DELIVERING THE ONSITE MEDIA SITES OR ITS CONTENT,INCLUDING WITHOUT LIMITATION ONSITE MEDIA, SHALL BE RESPONSIBLE FOR THE CONDUCT OF USERS OF THE ONSITE MEDIA SITES OR FOR INFORMATION POSTED OR EXCHANGED ON THE ONSITE MEDIA SITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONSITE MEDIA OR INANY MANNER FROM THE ONSITE MEDIA SITES SHALL CREATE ANY WARRANTY.

NO LIABILITY

IN NO EVENT SHALL ONSITE MEDIA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANYWAY RELATED TO THE ONSITE MEDIA SITES, YOUR USE OF THE ONSITE MEDIA SITES, ANY LINKED WEBSITE, OR ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE ONSITE MEDIA SITES, OR OTHERWISE ARISING OUT OF YOUR USE OF THE ONSITE MEDIA SITES, YOUR INABILITY TO USE THE ONSITE MEDIA SITES OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE ONSITE MEDIA SITES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONSITE MEDIAHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE ONSITE MEDIA SITES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ONSITE MEDIA’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

OnSite Media assumes no risk or liability for your use or misuse of information contained on this website. Product information changes frequently, and while every attempt has been made to ensure that the content on this site is accurate, product information changes are subject to change without notice.

Third-Party Websites

The OnSite Media Sites may link to, or be linked to, other websites not maintained by or related to OnSite Media. Such links are provided only as a service to our visitors. OnSite Media is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on the OnSite Media Sites. OnSite Media has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms and privacy policy posted on that site. You should review the terms and privacy policy of any website to which you navigate.

Indemnification

You agree to indemnify, defend and hold harmless OnSite Media, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your access to or use of the OnSite Media Sites, your use or misuse of any material, information or data downloaded or otherwise obtained from the OnSite Media Sites, your order of products through the OnSite Media Sites, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of OnSite Media or any other person or entity.

Interpretation and Disputes

These Terms are governed by the laws of the United States and the State of Utah, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Summit County, UT, with respect to any dispute arising under these Terms, unless otherwise specifically agreed by OnSite Media in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability .Clerical errors are subject to correction. Any cause of action or claim with respect to the OnSite Media Sites must be commenced within one (1) year after the action or claim arises.

Feedback

OnSite Media welcomes comments regarding the OnSite Media Sites. If you submit comments or feedback to us regarding the OnSite Media Sites, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

Entire Agreement

By your accessor use of the OnSite Media Sites, you hereby agree to these Terms. These Terms, including the OnSite Media Privacy Policy, constitute the entire agreement between you and OnSite Media with respect to your access and use of the OnSiteMedia Sites and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. OnSite Media’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by OnSite Media. These Terms will inure to the benefit of OnSite Media’s successors and assigns. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Survival

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access tothe OnSite Media Sites.

Electronic Communications

You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices or communications between you and OnSite Media may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any questions or concerns regarding these Terms, please contact us at:

OnSite Media

PO Box 682675

Park City, UT 84068

435-214-0801

service@onsitemedia.com

 

ACCREDITATIONS