Terms of Use

Octomize, Inc. - Website - Terms of use and legal restrictions

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT Octomize, Inc. MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT Octomize, Inc. MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “Octomize, Inc. WEBSITE.”

Use of the Website
By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website. Use of the Octomize, Inc. Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. The Octomize, Inc. Website is protected under United States and international copyright laws. Any unauthorized use of the Octomize, Inc. Website may violate copyright, trademark, and other laws.

Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Octomize, Inc. Website and for paying all charges related thereto. When you register to open an account anywhere on the Octomize, Inc. Website, or when you contact Octomize, Inc. through the Octomize, Inc. Websites for the purpose of receiving products or services, Octomize, Inc. may collect certain personal information about you. Octomize, Inc.'s use of such information is governed by the provisions of the Octomize, Inc. Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Octomize, Inc. Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Octomize, Inc. Website password and you are solely responsible for all activities that occur under your password. You agree to notify Octomize, Inc. immediately of any unauthorized use of your password or any other breach of security related to the Octomize, Inc. Website. Octomize, Inc. reserves the right to require you to change your password if Octomize, Inc. believes that your password no longer is secure.

Termination
Octomize, Inc. may terminate, suspend, or modify your registration with, or access to, all or part of the Octomize, Inc. Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Octomize, Inc. Website at any time. If you breach any of these Terms, your authorization to use the Octomize, Inc. Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers
THE Octomize, Inc. WEBSITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Octomize, Inc. WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT Octomize, Inc., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. Octomize, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Octomize, Inc. WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Octomize, Inc. MAKES NO WARRANTY THAT THE Octomize, Inc. WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE Octomize, Inc. WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE Octomize, Inc. WEBSITE WILL BE CORRECTED. Octomize, Inc. MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Octomize, Inc. WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Octomize, Inc. WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE Octomize, Inc. WEBSITE OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY. Octomize, Inc. DISCLAIMS ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL Octomize, Inc. OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF Octomize, Inc. OR AN Octomize, Inc. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

External links
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Trademarks
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Octomize, Inc..

Access to Password-Protected or Secure Areas
Octomize, Inc. may restrict some areas of the website to authorized users only. Access to and use of areas of the website that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.

General
These Terms, together with any additional terms to which you agree when using particular elements of the Octomize, Inc. Website, constitute the entire and exclusive and final statement of the agreement between you and Octomize, Inc. with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Octomize, Inc. with respect to such subject matter. These Terms and the relationship between you and Octomize, Inc. shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Octomize, Inc. Website shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Octomize, Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Octomize, Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Octomize, Inc. Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Octomize, Inc.. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Octomize, Inc. without restriction.

Modifications to these Terms
Octomize, Inc. may, in its sole and absolute discretion, change these Terms from time to time. Octomize, Inc. will post notice of such changes on the applicable website. If you object to any such changes, your sole recourse shall be to cease using the Octomize, Inc. Website. Continued use of the Octomize, Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Revised May 2009