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SECTION 1: GENERAL INFORMATION; ACCEPTANCE OF TERMS
SECTION 2: ELIGIBILITY TO USE THE SITE
2.1 Minimum Requirements. In order to use the Site, you must: (a) be a natural person, at least 18 years old, and able to form a legally binding contract under applicable law; and (b) reside in a jurisdiction where use of the Site is permitted.
2.2 Monitoring Location. OddBytes reserves the right to monitor the location from which you access the Site and to block access from any computer which OddBytes determines, in its judgment, is located in a jurisdiction where use of the Site is prohibited or restricted.
2.3 Denial of Access. Without limiting the foregoing, you understand and agree that we reserve the right to, in our sole discretion, deny access to the Site to any person or entity and that we shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision we might make to deny you access to the Site.
SECTION 3: ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
3.1 Site Materials. By using the Site, you acknowledge that all information, content and materials contained on the Site (in any form or media, the “Site Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by OddBytes, its affiliates, subsidiaries, third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials.
3.2 Trademarks. The trademarks, logos, and service marks displayed on the Site whether or not registered (collectively the “Trademarks”), are Trademarks of OddBytes, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission or the written permission of the third party that owns the Trademarks.
3.3 Unauthorized Use; Misuse. Your misuse or unauthorized use of any Trademarks or any Site Materials is strictly prohibited. You are hereby advised that we are prepared to aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that such party’s intellectual property rights have been infringed on the Site and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint. If you believe that a particular Site Material or any Trademarks violate your copyright or trademark or that of a party for whom you are authorized to speak, please email firstname.lastname@example.org.
3.4 No Hacking, Tampering or Unauthorized Access or Use. You agree that you shall not attempt to: (a) gain unauthorized access to the Site’s systems, (b) interfere with procedures or performance of the Site, (c) deliberately damage or undermine the Site, or (d) commit fraud with regard to the Site. Your violation of any of the terms of this Section 3 may result in your civil and/or criminal prosecution.
3.5 Submissions and Transmissions. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, including any emails you send to email@example.com. Anything you transmit may be used by us or our Related Entities (as defined below) for any purpose, including, but not limited to, when legally required to do so, cooperating with police investigations or other legal proceedings, protecting against misuse or unauthorized use of the Site, limiting our legal liability and protecting our rights. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.
SECTION 4: OTHER SITE RULES
4.4 Links to Third-Party Websites. The Site may contain links to third-party websites, which are provided by OddBytes only as a convenience (“Third-Party Content”). Your dealings with Third-Party Content are solely between you and the third party. Therefore, you acknowledge and agree that we and our Related Entities are not responsible or liable for the availability of, nor do we or our Related Entities endorse the products or other materials of the Third-Party Content. You further acknowledge and agree that we and our Related Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third-Party Content. Finally, you acknowledge that if you access the Third-Party Content, their terms and conditions and privacy policies apply to your rights and obligations with respect to such access.
SECTION 5: NO WARRANTY; LIMITATION ON LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SITE MATERIALS ARE AT YOUR OWN RISK. THE SITE AND SITE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT ODDBYTES DOES NOT WARRANT NOR REPRESENT THAT: (A) THAT THE SITE OR SITE MATERIALS WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, (B) THAT THE SITE OR SITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT, OR (C) THAT YOUR USE OF THE SITE OR SITE MATERIALS WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES OR AFFILIATES, OR OUR SUBSIDIARIES’ EMPLOYEES AND CONSULTANTS (COLLECTIVELY, “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE SITE OR SITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
Without limiting the foregoing, you understand and agree that neither OddBytes nor its Related Entities are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site.
SECTION 6: INDEMNIFICATION
SECTION 7: MISCELLANEOUS PROVISIONS
7.2 Dispute Resolution by Binding Arbitration and Choice of Law. Many user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the email address below. If, however, there is an issue that needs to be resolved, this Section describes how both of us will proceed.
A party who intends to proceed with a claim or dispute must first send to the other a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to OddBytes shall be sent via email to firstname.lastname@example.org. OddBytes will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty-day (30) period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day (30) cure period, you or OddBytes may commence arbitration proceedings if the claim has not been fully satisfied.
If any aspect or portion of this Section 7.2 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 7.2 remaining in full force and effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USED THE SERVICE BY SENDING A NOTICE TO LEGAL@ODBYTES.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
7.3 Jurisdiction and Venue. You and OddBytes agree that, as provided in Section 7.2, disputes shall be resolved by binding arbitration. You and OddBytes also agree that if you or OddBytes should nonetheless file a lawsuit against the other or OddBytes’s Related Entities, and regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 7.2, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Delaware, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.
For any general questions, please email us at email@example.com.
Updated: May 1, 2022
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