Terms & Conditions for the use of OurExperienceCounts.com Website
This Terms of Use Agreement sets forth the terms and conditions (the "Terms and Conditions") governing your use of the website (this "Site") of OurExperienceCounts.com, a Delaware corporation (“OEC"), and any services contained within the Site. By using the OurExperienceCounts.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
1. Changes to the Terms of Use
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at OurExperienceCounts.com. Your continued use of and downloading any material from the website Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
2. Description of Services Not Provided by OurExperienceCounts.com
Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the internet, and (3) pay any fees related with such connection.
3. Return Policy on Paid Services
All payments for OurExperienceCounts.com services and products are final. No refunds, either in full or partial, will be given. OurExperienceCounts.com may, at its discretion, give credit for future transactions in special circumstances.
4. Members Account
All Members of the Service shall receive an account. Members shall sign up this account with a user name and password chosen by member. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify OurExperienceCounts.com of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of OurExperienceCounts.com.
5. Modifications and Interruption to Service
OurExperienceCounts.com reserves to the right to modify or discontinue the Service with or without notice to the Member. OEC shall not be liable to Member or any third party should OOurExperienceCounts.com exercises its right to modify or discontinue the Service. Member acknowledges and accepts that OurExperienceCounts.comdoes not guarantee continuous or uninterrupted access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Copyright Information and Copyright Agent.
Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all content included or available on this Site, including site design, graphics, interfaces, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by OEC or a third party (hereinafter collectively referred to as the "Copyright Holder"), and are protected by intellectual property rights. Title to copyright in the Materials will at all times remain with the Copyright Holder.
Any use of materials on the website, including reproduction for purposes other than those permitted, modifications, distribution, or replication, or other commercial exploitation of any kind, is strictly prohibited. Members may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, Member may not edit, modify or make use of the Materials without the express, prior written consent of OEC. Member may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the OEC, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. Member agrees to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. OEC MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions, any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of OEC is strictly prohibited.
7. Notification of Claimed Copyright Infringement
OEC respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members who infringe the rights of copyright holders. If a copyright holder believes copyrighted work has been copied in a way that constitutes copyright infringement, please provide OEC's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(a). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b). Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d). Information reasonably sufficient to permit us to contact the complaining party;
(e). A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f). A statement by the complaining party, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OEC's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
By Mail:
OurExperienceCounts.com
Attn: Copyright Agent
1035 Minnesota Avenue, Suite G
San Jose, CA 95125
By email: info@ourexperiencecounts.com
8. Notice With Regard to Documents on this Site.
Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
9. Online Privacy Policy.
OEC protects Members information according to our Privacy Policy posted on the Site, which, as amended from time to time, is incorporated by reference to be a part of this Terms of Use Agreement.
10. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. OEC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. OEC SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. OEC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. OEC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION OR TECHNICAL INACCURACIES. OEC RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. B Y YOUR USE OF THIS SITE, YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST OEC DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. OEC MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. OEC IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER OEC NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST OEC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
11. Links to Third Party Sites.
Any other web sites that are accessible via any link on this Site are owned and operated by other third parties and not under the control of OEC. OEC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. OEC provides the linked sites to you only as a convenience and the inclusion of any such link on the Site does not imply OEC's endorsement of the site, the organization operating such site, nor any products or services of that organization. Member’s use of those third-party sites is entirely at your risk, is subject to the terms of use and privacy policies of each site, and OEC is not responsible therein. OEC encourages all Members to review said privacy policies of third-parties’ sites.
12. References to Products or Services.
Information published by OEC on the Site may contain references or cross references to OEC products or services that are not announced or available in Member’s country other than the United States. Such references do not imply that OEC intends to announce such products or services in your country. Please contact OEC for information regarding the products and services that may be available to you.
13. User Submissions, Feedback and Reviews.
All user-generated content, blogs, comments, feedback, suggestions and ideas disclosed, submitted or offered to OEC in connection with Member’s use of the Site (collectively, “Input”), shall be and remained the exclusive property of OEC and may be used by OEC in any medium and you agree to execute any documents that may be necessary for such an assignment of rights. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and OEC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. For example, your Comments could be used on the Site and in radio, television, and print advertisements. Further, OEC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other OEC publications, and developing, manufacturing, and marketing products using such information. The OEC shall have no obligation to compensate the contributor of such information in any manner.
14. Governing Law; Venue for any Proceedings.
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any OEC products or OEC services offered on or accessed via the Site, shall (i) be governed by California State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of California located in Santa Clara County, and you hereby submit to the jurisdiction of said courts.
15.Complete Agreement; Changes to the Terms and Conditions.
These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. OEC shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
16. Trademarks .
"OurExperienceCounts", OurExperienceCounts.com”, the OEC logo, and other OEC logos and titles are registered trademarks or service marks of OurExperienceCounts, Inc. OurExperienceCounts, Inc.’s trademarks, titles and logos may not be used in connection with any product or service that is not provided by OurExperienceCounts, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OurExperienceCounts, Inc.
All other products, company names or other trademarks appearing on this Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of other vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with OurExperienceCounts, Inc. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of OEC or other trademark owners.
17. Indemnification.
Member agrees to defend, indemnify, and hold OEC harmless, its officers, directors, employees, members, agents, subsidiaries, and affiliates from and against any claims, actions or demands, including without limitation reasonable attorneys’ legal fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. OEC shall provide notice to Member promptly of any such claim, suit, or proceeding and shall assist Member, at Member’s expense, in defending any such claim, suit or proceeding.
18. Termination.
OEC may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, OEC shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which OEC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions.
The following sections shall survive any termination of this agreement: “Copyright Information and Copyright Agent”, “Trademarks”, “User Submissions, Feedback and Reviews”, “Disclaimers and Limitation on Liability”, “Governing Law; Venue for Any Proceedings”, “Indemnification”, and “Termination”.
19. Questions.
Please email us at info@ourexpereincecounts.com with any questions you have about these Terms and Conditions, including our online Privacy Policy.
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