Terms of Use
1 · Acceptance & Scope
These Terms of Use (the “Terms”) govern your access to and use of this public website and all content, assessments, benchmarks, indices, readings, and marks we publish on it (collectively, the “Site”), provided by Oquendo & Company (“we” or “us”). By accessing or using the Site, you agree to these Terms; if you do not agree, do not use the Site. You represent that you are at least 18 years old.
These Terms govern use of the public Site only. Any paid subscription or commissioned Reading is offered solely under a separate written agreement furnished at the time of commission. Nothing on the Site is an offer to contract and nothing here entitles you to, or forms a contract for, any subscription or Reading.
2 · Nature of the Site — Statements of Opinion
Oquendo & Company publishes independent assessments of infrastructure deliverability based on public data. All outputs are statements of opinion provided for informational purposes only as of their stated date. They are not statements of fact, and they are not financial, investment, engineering, insurance, legal, or other professional advice, nor a recommendation to take or refrain from any action. Our opinions are protected expression. They are not a guarantee, warranty, or assurance of any outcome, condition, or future performance.
Our benchmarks are produced with the material assistance of an automated system and are reviewed and issued under the firm’s professional judgment; that system does not act autonomously as to any published opinion.
3 · No Reliance
Assessments reflect information available as of their stated date and may change without notice. They are published for general information only. No person may rely on any output as the basis for any decision, and Oquendo & Company owes no duty of care to any reader or other person. This provision governs the public Site and its published outputs; a commissioned Reading is a separate instrument that grants defined reliance to the party who commissions it, and to any party named in a countersigned Reliance Letter, on the terms of its Engagement Letter.
4 · Corrections
If we identify an error in the public record we cited, we may publish a corrected edition speaking as of a new stated date. A correction is a re-publication, not a revision of what came before: each edition speaks only as of its own date. Nothing in this creates a duty to monitor, update, or supplement any opinion we have already published.
5 · License & Intellectual Property
The Site, including all text, benchmarks, methodologies, compilations, and marks, is owned by Oquendo & Company and protected by intellectual-property and trade-secret law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your internal, non-commercial reference. You may not copy, redistribute, resell, publicly display, frame, scrape, data-mine, reverse-engineer, or create derivative works from the Site, or use it to train any model, except as expressly authorized in writing.
6 · Acceptable Use
You agree not to (a) access the Site by automated means except a conforming search-engine crawler; (b) interfere with or probe the Site’s security or infrastructure; (c) misrepresent any output or strip it of its date, context, or disclaimers; or (d) use the Site in violation of any law.
7 · Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OQUENDO & COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
8 · Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OQUENDO & COMPANY AND ITS MEMBERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OQUENDO & COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
9 · Governing Law & Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 10, the exclusive venue for any dispute is the state or federal courts located in Texas, and you consent to their personal jurisdiction.
10 · Dispute Resolution — Arbitration & Class Waiver
ANY DISPUTE ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES — OR, WHERE THE CLAIMANT IS A NATURAL PERSON USING THE SITE FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, ITS CONSUMER ARBITRATION RULES — AND SEATED IN TEXAS. YOU AND OQUENDO & COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If the American Arbitration Association is unavailable, a court may appoint an administrator or arbitrator under 9 U.S.C. § 5. Either party may seek injunctive relief in court to protect intellectual property. You may opt out of this Section by written notice to the address below within 30 days of first accepting these Terms. If the class, collective, or representative-action waiver is held unenforceable as to any claim, this entire Section 10 is void as to that claim only, which then proceeds in the courts identified in Section 9; the remainder of this Section stays in force.
11 · Changes
We may modify these Terms by posting a revised version. Your continued use of the Site after a change constitutes acceptance.
12 · General
If any provision is held unenforceable, the remainder stays in effect and the unenforceable provision is reformed to the minimum extent necessary. These Terms are the entire agreement regarding the Site and supersede prior understandings. No waiver is implied by any failure to enforce. You may not assign these Terms; we may. The disclaimers and limitations survive termination.
13 · Contact
Oquendo & Company — contact@oquendoandco.com.
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