Website Terms and Conditions
www.ocius.net
Thank you for visiting the Ocius, LLC ("Ocius")
website at www.ocius.net (the "Site"). Your use
of the information, materials, text, images and other content on
the Site is subject to the terms and conditions below, which may be
revised by Ocius from time to time without notice. Please
read these terms and conditions carefully. BY
ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
Use of Content: The text, images, data,
illustrations, files, audio and video clips, designs, documents,
and other materials and content (collectively, the
"Content") on the Site is the property of Ocius and
may be protected by copyright and other restrictions. Copyrights
and other proprietary rights in the Content may also be owned by
parties other than Ocius. You may not copy, modify,
distribute or otherwise use any of the Content, except for your
personal and non-commercial use. Please note that Ocius may
withdraw any Content from the Site at any time in its sole
discretion.
User Warranty: By downloading, printing,
or otherwise using any of the Content, you agree that you will (i)
restrict your use of such Content to personal and non-commercial
use, (ii) comply with all of these Terms and Conditions, and (iii)
not violate the rights of Ocius or any other person or entity.
Ocius does not warrant that use of any of the Content will
not infringe the rights of third parties.
Commercial Use is Restricted: Unauthorized
commercial publication or exploitation of text, images, documents,
materials or any other Content is prohibited. If you wish to
use any of the Content for commercial use, publication, or any
purpose other than personal use, you must obtain written permission
from Ocius prior to such use. Ocius may, in its sole
discretion, grant permission for such use on a case-by-case basis
and may charge a usage fee for such use.
Trademarks: Names, titles, trademarks, service
marks, and logos (collectively, the "Trademarks")
displayed on the Site are registered and/or unregistered common law
trademarks of Ocius or third parties. Nothing contained in
the Site should be construed as granting, by implication or
otherwise, any license or right to use any Trademark displayed on
the Site without the express written permission of Ocius or the
appropriate third party that owns the Trademark. Except as
permitted by these Terms and Conditions, any unauthorized use of
the Trademarks is prohibited.
Digital Millennium Copyright Agent: For
purposes of the Digital Millennium Copyright Act
("DMCA"), Ocius has designated an agent for notices of
claimed infringement. If you have any objections governed by
the DMCA, please contact the agent listed under the Section
entitled "Contact Information" below. Ocius provides this
contact information for purposes of the DMCA only and reserves the
right to respond to communication that is relevant for this
purpose.
Links to Third Party Websites and Employee E-Mail
Addresses: The Site may contain links to third party
websites. The linked sites are not under the control of Ocius and
Ocius is not responsible for the contents of any linked website.
These links are provided as a convenience only and shall not be
construed as Ocius' endorsement of, sponsorship of, or affiliation
with a linked website. The Site may also contain links to the
e-mail addresses of various employees of Ocius for purposes of
feedback and communication regarding the Site and Ocius' products
and services. By clicking on a link to an employee's e-mail
address, you leave the Site and enter into a restricted access area
which is not governed by these terms and conditions. Ocius
assumes no responsibility or liability with respect to your
entering such restricted access areas.
Links to the Site: Links to the Site are
prohibited unless you obtain Ocius' prior written consent to such
link. If you arrive at the Site from a third party link,
please note that a link to the Site does not imply a relationship
with, or endorsement of, the third party website or its content,
purpose, policies or practices.
User Accounts: In order to access certain areas
of the Site, you will create a user account and login (a
"User Account"). You may never use another
party's User Account without such party's express written
authorization. You agree that all information which you
provide through the Site in connection with creating your User
Account or otherwise is current, accurate and complete. You
are solely responsible for all activity that occurs with respect to
your User Account. You are solely responsible for maintaining the
confidentiality of your User Account and keeping the username and
password to your User Account secure. You agree to notify Ocius
immediately of any security breach or unauthorized use of your User
Account. Ocius will not be liable for any costs, losses,
claims or damages incurred by you or any third party which are
directly or indirectly caused by any unauthorized use of your User
Account.
Non-Malicious Use: You agree not to use or
launch any automated system, including without limitation,
"robots," "spiders," or "offline readers," that accesses the Site
in a manner that sends more request messages to the Site's servers
in a given period of time than a human can reasonably produce in
the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, Ocius grants the operators of public
search engines permission to use spiders to copy materials from the
Site for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Ocius reserves the
right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Site,
nor to use the communication systems provided by the Site, for any
commercial solicitation purposes. You agree not to circumvent,
disable or otherwise interfere with security-related features of
the Site or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the Site or the
Content.
Information Collected and Stored Automatically:
We may automatically gather and store the certain information about
your visit so that we can monitor the use of the Site in order to
make improvements and better serve visitors. This following
information may be collected and stored and used in the aggregate
only, and is not used to contact you personally:
- The IP address from which you access the Site;
- The name of the domain from which you access the internet;
- The type of browser and operating system used to access the
Site;
- The date and time you access the Site;
- The pages, files, documents and links that you visit; and
- The internet address of the website from which you linked to
the Site.
Cookies and Web Beacons: We may also
collect cookies, which are small pieces of information sent to your
browser by a website that you visit. We may use cookies to
compile and provided aggregate statistics about the Site's
visitors, traffic patterns, and related information to third
parties, but such information will not identify you
personally. Cookies may help us adjust the content of the
Site and provide better service to visitors. You may set your
browser to refuse cookies from any website that you visit. If
you refuse cookies, you may still gain access to most of the Site,
but you may not be able to conduct certain types of transactions.
The Site may contain electronic images known as web
beacons (sometimes called single-pixel gifs) that may be used
to assist in delivering cookies on the Site and allow Ocius to
count users who have visited the Site. Ocius may include web
beacons in promotional e-mail messages or our newsletters in order
to determine whether messages have been opened and acted
upon.
Disclosure to Third Parties: At times we may
make certain personal information available to strategic partners
that work with Ocius to provide products and services, or that help
Ocius market to customers. Ocius may share personal
information with parties who provide services such as information
processing, extending credit, fulfilling customer orders,
delivering products, managing and enhancing customer data,
providing customer service, assessing interest in our products and
services, and conducting customer research or satisfaction surveys.
Except as required pursuant to law, legal process, litigation, or
requests from public and governmental authorities, personal
information will only be shared by Ocius to provide or improve our
products, services and advertising; it will not be shared with
third parties for their marketing purposes. In the event of a
reorganization, merger, or sale, we may transfer any and all
personal information we collect to the relevant third
party.
User Submissions: You agree that any
information you provide through the Site will be truthful, accurate
and complete. All information that you submit to Ocius
through the Site shall be deemed and remain the property of Ocius
and we may use, for any purpose, any ideas, concepts, know-how or
techniques contained in such information. We have no obligations
regarding such information or otherwise specifically agreed to in a
separate writing or required by law. You acknowledge and
agree that you will not provide any information or material to
Ocius or the Site that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that incorporates the
proprietary material of another person or entity.
Security: Transmissions over the Internet are
never 100% secure or error-free. We take reasonable steps to
protect your personal information from loss, misuse, and
unauthorized access, disclosure, alteration and
destruction.
WARRANTY DISCLAIMERS: THE INFORMATION AND
DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE
DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO
EVERY PRODUCT OR SERVICE OFFERED BY OCIUS, BUT ARE PROVIDED FOR
GENERAL INFORMATIONAL PURPOSES. OCIUS MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE ARE
SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY OR RELIABLE.
ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. OCIUS
DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF
ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR
DEFECTS WILL BE CORRECTED.
GENERAL DISCLAIMERS: OCIUS ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR
OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT,
IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING
IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM
FAILURE.
LIMITATION OF LIABILITY: OCIUS, ITS AFFILIATES,
MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL,
PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE
USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR
SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Indemnity: You agree to indemnify and hold
Ocius, its managers, members, officers, employees, agents and
representatives harmless from any loss, liability, claim or demand,
including reasonable attorneys' fees and costs, due to or arising
out of (i) your use of the Site; (ii) your breach of these Terms
and Conditions; or (iii) your violation of any third party
right.
Reservation of Rights: All rights not
expressly granted by Ocius in these Terms and Conditions are
specifically reserved by Ocius. Nothing on the Site or in
these Terms and Conditions grants any right or license to use any
property of any third party.
Contact Information: If you wish to contact us
regarding (i) information on our products and services, (ii)
permission to reproduce or use any Content on the Site, (iii)
notices of claimed infringement under the DMCA, or (iv) any other
reason, please contact:
Ocius, LLC
651 W. Washington Blvd.
Suite 200
Chicago, Illinois
60661
Phone: (312)
850-3500
E-mail: support@ocius.net
Severance and Waiver: You acknowledge and
agree that in the event any provision of these Terms and Conditions
is held by a court to be invalid, unlawful, or unenforceable, the
validity, legality, and/or enforceability of the remaining
provisions contained in these Terms and Conditions will not in any
way be affected or impaired. Ocius' failure to exercise or
enforce any right or provision under these Terms and Conditions
will not constitute a waiver of such right or provision by
Ocius.
Venue and Choice of Law: These Terms and
Conditions are governed by the laws of the State of Illinois,
without regard to its conflicts of laws principals. Any case,
controversy, suit, action, or proceeding arising out of, in
connection with, or related to these Terms and Conditions or the
Site shall be brought in a federal or state court located in Cook
County, Illinois, and you hereby waive any objection to the
exclusive jurisdiction of such courts.
Entire Agreement: You agree that these
Terms and Conditions constitute the entire agreement between you
and Ocius with respect to your use of the Site. You agree
that these Terms and Conditions supersede any other agreements
between you and Ocius with respect to your use of the Site.
