EFFECTIVE AS OF OCTOBER 1, 2019
The term “us” or “we” or “our” refers to us and our affiliated entities. The term “you” refers to the user or viewer of our Website.
The term “Content” means all materials, descriptions of services, products, company and business information, pictures, graphics, design, depictions, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website.
All Content is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
1. Acceptance of Agreement
By using and accessing our Website, you agree to the terms and conditions described herein (“Agreement”). This Agreement constitutes the entire agreement between us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Website, the Content and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific or prior notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
The Content and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Your copying, redistribution, use or publication of any Content, except as allowed herein below, is strictly prohibited. You do not acquire ownership rights to any Content. Some of the content on the Website is the copyrighted work of third parties.
Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to email@example.com. Please insert, on the subject line of your email, the words “Copyright Infringement” for better handling.
4. Limited License; Permitted Uses
You are granted a limited, non-exclusive, non-transferable, revocable license:
Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring"), to any other computer, server, website or other medium for publication or distribution or used for any other purpose, without our express prior written consent.
Your license for access and use of the Website and any Contents are subject to the following restrictions and prohibitions on use.
You may not:
post anything on the Website;
violate any applicable laws or regulations;
create compilations or derivative works of any Content;
alter, amend or change the Website in any way;
use any process to harvest information from the Website;
use the Website for the purpose of gathering information for transmitting:
a. unsolicited commercial email;
invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
5. Errors, Corrections, and Changes
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the Content will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We may, in our sole discretion, edit or delete any documents, information or other content appearing on the Website.
6. Unlawful Activity
We may investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You will indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
8. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN US.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE DOWNLOADED FROM OUR WEBSITE IS DISCLAIMED.
OUR AGGREGATE LIABILITY AND OUR AFFILIATED ENTITIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT, PRODUCTS, INFORMATION AND SERVICES PROVIDED THEREIN SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED ENTITY.
9. Links to Other Websites
The Website may contain links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Website does not imply approval or endorsement of the linked Website or its contents by us. If you decide to leave our Website and access these third-party Websites, you do so at your own risk.
We make no representation regarding and accept no responsibility of any kind for the quality, content, nature or reliability of websites accessible by hyperlink from the Website, or websites linking to the Website.
10. Information and Press Releases
The Website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
11. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content.
12. Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, as a private attorney-general, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, (ii) only your individual claim shall be arbitrated and (iii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The enforceability or interpretation of this paragraph shall be decided by a court and not by the arbitrator. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
13. Jury Trial Waiver for U.S. Users
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND OATH AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND OATH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
14. Choice of Law and Forum
This Agreement and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of California without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
15. Other Applicable Terms and Conditions
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
16. How to contact us: