Last updated: October 5, 2018
IMPORTANT: THE TERMS REQUIRE YOU TO RESOLVE DISPUTES WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL THE PROVISIONS OF THE TERMS.
Table of Contents
- Access to Site
- Operation of the Site
- Acceptable Use
- Intellectual Property Rights
- Use of Marks
- Disclaimer of Warranties and Assumption of Risk
- Limitations on Liability
- External Links
- Dispute Resolution
1. Access to Site
We grant you a right to use the Site. Your right to use the Site will terminate immediately in the event that you are in breach of any portion of the Terms. We may also terminate this license at any time for any reason or no reason. Except for the rights expressly granted herein, we reserve all other rights and no other rights, licenses, or permissions are granted by implication or otherwise.
2. Operation of the Site
We cannot guarantee the continuous, uninterrupted, or error-free operability of the Site. There may be times when all of (or certain features, parts, or content of) the Site becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended, or withdrawn. Such scheduled unavailability, modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension, or withdrawal of the Site, or any features, parts, or content of the Site.
3. Acceptable Use
You may only use the Site in accordance with the Terms. You agree you will not engage or attempt to engage in any improper use of the Site, including, but not limited to:
- violating any applicable law or regulation;
- impersonating or misrepresenting your affiliation with any person or entity;
- republishing, redistributing, or re-transmitting the Site;
- storing the Site (including pages of the Site) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Site (other than for page caching);
- Removing or changing any content of the Site or attempting to circumvent the security or interfere with the proper working of the Site or any servers on which it is hosted;
- Creating links to the Site from any other website without our prior written consent;
- using any robot, data mining, screen scraping, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- interfering with or disrupting the Site or the servers or networks connected to the Site;
- posting, emailing, or otherwise transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
- modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Site or any software used on or for the Site or causing others to do so.
5. Intellectual Property Rights
You should assume that everything on the Site is copyrighted unless otherwise indicated and that it must not be used except as provided in the Terms or with the express written consent of O3. All photos, images, and text on the Site, together with the design and layout of the Site, are copyrighted and may not be used without O3’s written permission. All intellectual property rights in the Site and in any content of the Site (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in the Terms gives you any right in or to any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Site. In the event you print off, copy, or store any part of the Site (only as permitted by the Terms), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
6. Use of Marks
You may not copy or use the names, trademarks, logos, or brands of O3 or those of any of its affiliates or partners, in part, in modified form, or otherwise. Certain third-party names, trademarks, logos, and brands may appear on the Site, and those are the sole property of their respective owners, and you are similarly prohibited from copying or using such third-party names, trademarks, logos, and brands.
7. Disclaimer of Warranties and Assumption of Risk
THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SITE, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (D) OF SECURE, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE SITE.
THE SITE AND ALL CONTENT OBTAINED BY YOU THROUGH THE SITE, INCLUDING THE LINKED SITES (AS DEFINED BELOW) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE ON THE SITE OR AY LINKED SITE, OR OTHERWISE TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION FROM OR ON THE SITE OR ANY LINKED SITE.
8. Limitations on Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, ARISING FROM YOUR USE OF A LINKED SITE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THE TERMS OR YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO ONE HUNDRED DOLLARS (US$100.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY, OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
You agree to indemnify and hold us and our subsidiaries and affiliates and each of their respective officers, agents, partners, and employees harmless from all losses, liabilities, costs, expenses (including reasonable attorneys’ fees), claims, suits, demands, hearings, and other proceedings arising out of or relating to your use of the Site or your breach of the Terms.
10. External Links
The Site may contain links to other third-party websites or otherwise re-direct you to other third-party websites or services (collectively, the “Linked Sites”). The Linked Sites are not under our control and we are not responsible for any Linked Site, including, but not limited to, any content contained in a Linked Site or any changes or updates to a Linked Site. The Linked Sites may require you to agree to additional terms and conditions between you and such third party. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED SITES.
We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Site or any association with its operators. You use the Linked Sites solely at your own risk.
11. Dispute Resolution
The Terms, and any dispute, claim, or cause of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to the Terms or the execution or performance of either party pursuant to these Terms (including any cause of action based upon, arising out of, or related to any representation or warranty made in connection with the Terms or as an inducement to agree to the Terms), will be governed by, and enforced in accordance with, the internal laws of the State of New York, including its statutes of limitations. You agree that all such disputes must be settled only through binding arbitration that will be subject to the Federal Arbitration Act and not any state arbitration law. Arbitration shall be conducted by one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT OR HAVE A JUDGE OR JURY HEAR ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND US. YOU ALSO HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON ANY BASIS (INCLUDING, BUT NOT LIMITED TO A CLASS ACTION BASIS) INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. YOU AGREE THAT THIS ALSO MEANS THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. All arbitrations shall be conducted solely based on written submissions or, if the damages you claim exceed the amounts that could otherwise be brought in small claims court, a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Chicago, Illinois. The arbitrator’s ruling is binding and confidential. You shall be responsible for your attorneys’ fees and other costs in bringing any claim against us, including all costs associated with the arbitration, and we shall be responsible for our own such costs. Notwithstanding the preceding, you agree that claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights are not required to be arbitrated, but such claims must be brought exclusively in the state or federal courts located in Chicago, Illinois, and each of you and us hereby consents to the jurisdiction of those courts. Actions seeking equitable relief (including injunctive relief) are also not required to be arbitrated, and each of you and us may enforce any provision of the Terms by seeking equitable relief (in addition to all other remedies available to it, subject to the limitations contained herein) without the need to prove the inadequacy of monetary damages or to post bond or other security.
If you believe that the Site or any content provided through the Site (a) copies your work in a way that constitutes copyright infringement, or (b) infringes, misappropriates, or violates your intellectual property rights, please provide us the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement should be sent to:
October Three Consulting LLC 233 S. Wacker Drive, Suite 8350 Chicago, Il 60606 Attention: Compliance Officer
By email: email@example.com