Terms and Conditions

The terms of this Services Agreement constitute a legally binding agreement (the "Agreement") between You and Oakmont and its affiliate entities (collectively, “Oakmont,” “OHCS,” “we,” “our,” and “us”) governing Your use of Oakmont Services, website(s), and technology platform(s) (collectively, the "Services").

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND OAKMONT HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST OAKMONT TO MEDIATION, AND IF NOT RESOLVED THROUGH MEDIATION, TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

By entering into this Agreement, You expressly acknowledge that you understand this Agreement and accept all of its terms. 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS OAKMONT SERVICES.

By using the Oakmont web site (“Service”), all services of Oakmont hereinafter referred to as Oakmont (including www.oakmonthcs.com, www.joinoakmont.com, www.oakmontholding.com, and any of our other websites), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

 
Oakmont reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. 

 
Account Terms

1. You must be 18 years or older to use this Service.
2. You must be a human. Account registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. Oakmont cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. You must not misrepresent yourself or take on the identity of someone else while using this service.
8. If you are using a free account you are not permitted to block ads.
9. When applicable, one person or legal entity may not sign up for more than one free trial account.
10. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited  to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While Oakmont prohibits such conduct and Content on the Service, you understand and agree that Oakmont cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payments

1. You agree to pay the amounts charged for use of the Services ("Fees"). 
2. You must pay Oakmont any applicable Implementation Fee, Monthly Fee, Service Fee, and any other Fee agreed in writing by the parties. 
3. You acknowledge and agree that, notwithstanding that the Fees may be paid on a monthly basis, by entering into this Agreement, You are committing to pay all Fees as they become due throughout the Term, whether or not You continue to use the Service during such period or cease using the Service in their entirety. 
4. The Fees do not include federal, state or local taxes, and to the extent such taxes are due, You shall be liable for payment thereof. 
5. If at any time there are overdue unpaid invoices, Oakmont may elect to cease providing Services under this Agreement until all overdue unpaid invoices are paid in full, and such action shall not constitute a breach of this Agreement. 
6. In addition to any applicable pricing variances outlined in the Service Order, Oakmont may increase Fees during any year during the Term if Oakmont incurs unforeseen costs greater than five (5%) to provide the Solutions or other Services. You will pay Oakmont the initial fees set forth in the Service Order or as may be otherwise agreed in writing by the parties. 

Invoices

1. Prior to receiving access to the Services, You must pay any applicable Fees for the Term and provide an email address where User can receive invoices. 
2. Thereafter, You must set up recurring credit card payment or recurring Automated Clearing House (ACH) to include account number, routing number, and a copy of voided check from a bank/financial institution for the Fees. 
3. When applicable, You will be billed monthly or annually for using the Services on the monthly anniversary date of when access to the Services was granted. 
4. All payments are non-refundable. 
5. If Oakmont does not receive the full amount of payment within thirty (30) days after the payment due date, an additional 1.5% per month, or the highest amount allowed by law, whichever is higher, will be added to User's unpaid balance and You hereby authorizes Oakmont or its affiliates to deduct such amounts from Your credit card or bank account through a bank draft. 
6. You shall also be liable for any and all attorney and collection fees arising from Oakmont’s efforts to collect any unpaid balance of Your account. 
7. Invoices will be sent via email to the email provided during the registration process. You must be current on all invoices related to Oakmont Services. 
8. You hereby agree that Oakmont has      the right to suspend Your access to the Services without prior notice to You if Your account becomes delinquent or if You initiate a chargeback with Your credit card or banking institution. 
9. All outstanding invoices must be paid before Your account will be reinstated. 
10. During the term of any such account suspension, Oakmont will aggregate all delinquent invoices associated with Your account, and all amounts due must be paid in full before Your account will be restored. 
11. You agree that You shall be liable for all costs of collection of any delinquency, including collection agency fees, reasonable attorneys' fees, and court costs.

No Refunds

1. All charges are non-refundable. 
2. This no-refund policy shall apply at all times regardless of Your decision to terminate usage of the Services, any disruption to the Services, or any other reason whatsoever.

Cross-Collateralization

1. You must be current on all invoices related to Oakmont Services. 
2. You hereby agree that Oakmont has the right to suspend Services to You without prior notice if Your account becomes delinquent or if You initiate a chargeback with Your credit card or banking institution until all outstanding issues are resolved. 
3. During the term of any such Services suspension, Oakmont will aggregate all delinquent invoices associated with Your account, and all amounts due must be paid in full before Services will be restored. 
4. You agree to be liable for all costs of collection of any delinquency, including collection agency fees, reasonable attorneys' fees, and court costs.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. 
2. An email or phone request to cancel your account is not considered cancellation. 
3. You can cancel your account at any time by clicking on the My Account tab in the global navigation bar at the top of the screen. 
4. The My Account screen provides a simple no questions asked cancellation link.
5. All of your Content (text and files) will be immediately deleted from Oakmont upon cancellation. This information cannot be recovered once your account is cancelled.
6. If you cancel Oakmont before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again, but you are responsible for all charges you have previously incurred.
7. Oakmont will not continue to provide service to customers who file chargebacks.
8. Oakmont, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Oakmont, or any other Oakmont service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Oakmont reserves the right to refuse service to anyone for any reason at any time.

REFUNDS FOR HARD GOODS

1. If you have purchased a “hard good” (for example, a book or other tangible product) from Oakmont or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified)
2. You must request a refund in writing by contacting info@oakmontholding.com;
3. Your request for a refund must be      made within thirty (30) days of your purchase;
4. You must return the hard goods to Oakmont immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
5. The hard goods must be returned to Oakmont in like-new, or re-sellable condition, as determined in Oakmont’s sole, reasonable discretion.

Modifications to the Service and Prices

1. Oakmont reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Oakmont products and services, including but not limited to monthly subscription plan fees to Oakmont, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Oakmont Site.
3. Oakmont shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Oakmont.

Dispute Resolution and Arbitration Agreement for Users

1. Mediation. Any dispute between the parties arising under or relating to this Agreement that cannot be resolved by the parties themselves shall be submitted to mediation in Dallas, Texas, administered by and conducted in accordance with the Rules of Commercial Mediation of the American Arbitration Association. Each party will bear its own costs in the mediation, including attorneys' fees, and one-half of the cost of the mediator.
2. Binding Arbitration. Any dispute that remains unresolved after mediation will be resolved by final and binding arbitration in Dallas, Texas before a single arbitrator conducted by and in accordance with the Rules of Commercial Arbitration of the American Arbitration Association. The arbitrator shall not be the same person as the mediator. Each party shall bear its own costs in the arbitration, including attorneys' fees, and each party shall bear one-half of the cost of the arbitrator.
3. Arbitrator's Authority. The arbitrator shall have the authority to award such damages as are not prohibited by this Agreement and may, in addition and in a proper case, declare rights and order specific performance, but only in accordance with the terms of this Agreement.
4. Any party may apply to a court of  general jurisdiction to enforce an arbitrators' award, and if enforcement is ordered, the party against whom the order is issued shall pay the costs and expenses of the other party in obtaining such order, including reasonable attorneys' fees.
5. Notwithstanding the provisions of  these sections, any action by Oakmont to enforce its rights under these sections or to enjoin any infringement of the same by You, may be commenced in the state or federal courts of Texas, and each party consents to personal jurisdiction and venue in such courts for such actions.
6. YOU AND OAKMONT AGREE TO WAIVE  OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A  JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth above. 
7. This agreement to arbitrate survives after the Agreement terminates or your relationship with Oakmont ends.      
8. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. 
9. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between You and Oakmont, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
10. Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS"), NOT RESOLVED THROUGH MEDIATION, SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND OAKMONT. 
11. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Services; any other goods or services made available through Oakmont; your relationship with Oakmont; the threatened or actual suspension, deactivation or termination of Your account or this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions or offers made by Oakmont; trade secrets; unfair competition; discrimination; harassment; retaliation; fraud; defamation; emotional distress; breach of any express or implied contract or covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act; Civil Rights Act of 1964; Americans With Disabilities Act; and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
12. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND OAKMONT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. 
13. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Prohibition of Class Actions and Non-Individualized Relief

1. YOU UNDERSTAND AND AGREE THAT YOU AND OAKMONT MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND OAKMONT BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
2. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

 
General Conditions

1. Your use of Oakmont is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You understand that Oakmont uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Oakmont, or any other Oakmont service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Oakmont.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates      any party’s intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Oakmont customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Oakmont) of other Oakmont customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
11. Oakmont does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that Oakmont shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Oakmont has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
13. The failure of Oakmont to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Oakmont and govern your use of the Service, superseding any prior agreements between you and Oakmont (including, but not limited to, any prior versions of the Terms of      Service).

 
Severability

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 
QUESTIONS

If you have any questions about our Terms of Services, Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending us an email to: info@oakmontholding.com or by mail at: Oakmont, 15455 Dallas Pkwy, Suite 600, Dallas, TX 75001.