These Terms of Service (“TOS”) of ONeil Online (“oneilonline”), cover all brands by and from ONeil Online. These are, but not limited to:
GageWater,
Imglynk,
NorthBendWebHosting,
ONeilOnline,
ONeilRetail,
OorahGaming, and
WattaServer. All these brands are covered by these terms provided as and by ONeil Online. Mention of ONeilOnline herein, this Terms of Service is applicable to all ONeilOnline brands. This Terms of Service govern the products, services, servers, other devices, and IP addresses provided, managed, assigned, or shipped to you by ONeilOnline or any of our brands (collectively, “Services”), as described in the Service Schedule(s), Agreement, Contract, or other Order Form(s) (collectively, “Service Schedule”) accepted by you. This Terms Of Service supersedes any typo, misunderstanding, or email that is stated or states otherwise. No terms or conditions different from those contained herein shall apply unless separately agreed with ONeilOnline. You must register and accept this Terms of Service in order to use the Services or purchase products. ONeilOnline may modify this Terms of Service at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on oneilonline.com. BY REGISTERING FOR, USING THE SERVICES, BUYING OUR PRODUCTS, MAKING PAYMENTS AND TRANSACTIONS FOR SERVICES AS STATED ON THE INVOICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE
Terms of Service AND THE
Privacy Policy, AND AGREE TO BE BOUND BY THE Terms of Service AND THE Privacy Policy.
Terms
Access to this Site
To access this site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to ONeilOnline, or any of our brands, be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to the terms of our
Privacy Policy.
You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Use of this Site
You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of an employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for purposes expressly permitted by ONeilOnline and our brands. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of ONeilOnline. For purposes of these Terms and Conditions, co-branding means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
While using this website and/or the Site Materials, you agree not to:
- Restrict or inhibit any other visitor from using this website, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this website.
- Use this website or the Site Materials for any unlawful or unauthorized purpose.
- Express or imply that any statements you make are endorsed by us, without our prior written consent.
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us).
- Engage in spamming or flooding.
- Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Site Materials.
- "Frame" or "mirror" any part of this website without our prior written authorization.
- Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancel bots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigation structure or presentation of this website or its contents
- Harvest or collect information about visitors to this website without their express consent.
- Create a database by systematically downloading and storing all or any of the information on this website.
- Make postings of a commercial nature.
- Permit others, including those whose accounts were terminated, to access this website through your account, username or password.
- In addition, while using this website and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.
Third Party Websites
This website may contain links to other Internet websites and online resources. Links on this website to other websites or resources shall not be construed as endorsement, control, review or approval of such other websites by us. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such website or content. Further, the treatment of user data by the operators of third party websites may be different from our treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
Accuracy of Information
Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website.
Phone Number and Cell Phone
The terms: SMS, MMS, text message are synonymous to text messaging and may be used interchangeably or directly when referring to a service, notification, action, or within these Terms of Service. ONeilOnline or any of our brands are not responsible for any of your cell phone provider charges or overcharges resulting in using our SMS services. By using our SMS for 2FA, notifications, or services we provide you, you are agreeing to these Terms of Service. By agreeing to receive text messages, you acknowledge that standard text messaging rates from your wireless carrier may apply. Any costs related with receiving a text message are the responsibility of the individual receiving the messages. Check with your cellphone provider for details on receiving text messages.
Payment
ONeilOnline is the parent company of a number of brands. Any charges will appear on your credit card statement as "ONeilOnline", the parent company. If you complete payment by credit card, debit card, or third party payment processing, like PayPal, Stripe, 2Checkout, Square, Authorize.net, etc, you authorize ONeilOnline to charge your credit card, debit card or third party to pay for any charges that may apply to your account. At any time a client or customer may login to their account and view the status of their account.
Refunds
GageWater does not provide or offer any refunds. Feel free to contact us if you want to speak to our staff.
Disputes and Chargebacks
At the time of purchase, you have registered and accepted the Terms of Service to complete the order. Payment received is Proof of Purchase in the form of a receipt and/or transaction ID submitted by you from the order form you completed at the time of purchase. This validates that you have accepted the Product, Services, specifications, and the terms set forth as described in the Service Schedule(s), Agreement, Contract, or other Order Form(s) (collectively, “Service Schedule”) and this Terms of Service.
Raising a billing dispute with our payment processors or charging back a payment made to ONeilOnline will result in cancelled order(s), immediate service termination and/or immediate close of the customer account. We reserve the right to immediately terminate all services or orders without refund in such instances.
Raising any kind of dispute in a public forum and/or website without basis or merit, in an attempt to conduct defamation, blackmail, a vendetta, or slander, is in violation of this Terms of Service. Services or Orders will be terminated immediately without refund in such instances.
Doing a charge-back or creating a dispute before communicating with us will result in a breach of our Terms of Service. Your services will be immediately terminated and you will be reported to FraudRecord, or any other appropriate reporting agency.
All amounts not timely and appropriately disputed within thirty (30) days after the due date will be deemed final and not subject to further dispute. In the event you dispute any charges invoiced by ONeilOnline, you will pay the undisputed portion of the charges and notify ONeilOnline in writing about the disputed amount. In such written notice, you will identify in reasonable detail your reasons for the dispute along with the nature and amount of the dispute. If you were billed in error, ONeilOnline will issue a credit for the amount billed incorrectly within sixty (60) days after it determines that an error has been made. Credits issued have no cash value and will be applied against current invoices or future services. In the event that ONeilOnline determines that the amount was billed correctly, you will pay the applicable disputed amount within fifteen (15) business days after ONeilOnline confirms to you that the amounts were properly charged, together with interest accrued since the due date.
Any threat of legal action against ONeilOnline will result in immediate account and service termination without refund.
Failure to Pay
Failure to fully pay your fees for Services and applicable taxes when due shall be a material breach of this Agreement, justifying ONeilOnline to temporarily deny service or terminate this Agreement. You are responsible for any costs that ONeilOnline incurs in collecting amounts from you, including reasonable attorneys' fees, court costs and collection agency fees.
Termination
ONeilOnline may immediately terminate this Terms of Service at any time and without liability. When service is terminated all data is deleted, to an unrecoverable condition.
Modification of Terms
Any terms and conditions set forth in a Master Services Agreement, Service Schedule, or Contract agreed to by you and ONeilOnline will take precedence over the terms of this Terms of Service.
Authorize.net
You can shop at ONeil Online, or any of our brands, with confidence. We have partnered with
Authorize.Net, a leading payment gateway since 1996, to accept credit cards and electronic check payments safely and securely for our customers.
The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. See an
online payments diagram to see how it works.
The company adheres to strict industry standards for payment processing, including:
- 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
- Industry leading encryption hardware and software methods and security protocols to protect customer information.
- Compliance with the Payment Card Industry Data Security Standard (PCI DSS).
For additional information regarding the privacy of your sensitive cardholder data, please read the
Authorize.Net Privacy Policy.
ONeil Online is registered with the Authorize.Net Verified Merchant Seal program.
Disclaimer
This is a website and PWA app so all updates are pushed immediately directly to the website and app. All water data is sourced from the USGS, so this app would only be helpful to those people in the USA. This site is not affiliated with the USGS, the aggregate data is used only for informational display purposes.
All data contained herein is preliminary in nature and therefore subject to change. The data is for general information purposes ONLY and SHALL NOT be used in technical applications such as, but not limited to, studies or designs. All critical data should be obtained from and verified by the United States Geological Survey and/or the United States Department of the Interior. GageWater.com assumes no liability for the completeness or accuracy of the data contained herein and any use of such data inconsistent with this disclaimer shall be solely at the risk of the user.
GageWater.com may be used to monitor water gages for residential, commercial, and/or recreational purposes. GageWater.com is not an emergency notification system, and/or an emergency preparedness system. We do not take any responsibility or liability for the content on this site, it is not reliable data.
GageWater.com is not responsible for any fees or charges as the result of SMS notifications. We only use USGS data and display USA gages, so we only support USA cell phone providers. We also limit the number of notifications for a specific gage site. The end user is also responsible to manage these notifications opt in/opt out from their Favorite page. Instructions to opt in/opt out can be found on our
FAQ page, or
here.
Water sports and water related recreational activities are inherently dangerous. This website and software is for informational purposes only and is NOT a substitute for the use of proper equipment, training, or common sense when performing these activities. This website and software should not be relied upon as a definitive source of information in determining the safety of the water.
Solely for ease of reference to related data, this site contains hyperlinks to a number of external web sites and/or information created and maintained by other public or private entities. GageWater.com neither controls nor guarantees the accuracy, relevance, timeliness, or completeness of any external sites or information, and we expressly reserves sole discretion to establish or remove external links from the server at any time. Further, the inclusion of links to particular external sites is not intended to reflect their importance or to endorse any views expressed, products or services offered on those sites, or the organizations sponsoring the sites.
Questions and Answers
Any questions you may have please visit our
Frequently Asked Questions page.