BY USING THE SITE, OR BY ACCESSING AND USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SITE OR SERVICES AND TO ENTER INTO THIS AGREEMENT.
1. General Use and Restrictions.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving Oqton’s express written permission. You further agree not to, without first obtaining Oqton’s express written permission, (a) use any of its brands, trademarks or service marks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.1 Account and Password.
If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify Oqton of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
2.2 Submissions and User Generated Content.
2.1. The Site may contain bulletin boards, chat groups, forums and/or other interactive areas that allow users to express their opinions and post information and/or other materials, e.g., for platform help and support (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users.
2.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party users are those of the third party and not of Oqton. Oqton does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.
2.4. You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information that is included in any User Generated Content that you submit to the Site.
3. User Generated Content Limitations.
3.2. Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
4. Linking and Third Party Dealings.
4.2. Linking to the Site. Subject to the further provisions of this Section 4, Oqton welcomes links to the Site from other web sites. However, if Oqton demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
5. Intellectual Property.
5.2 Trademarks. The brands, logos, tradenames, trademarks (both registered and common law) and service marks (both registered and common law) are the property of Oqton, its affiliates, and their respective licensors. Not all brands, logos, tradenames, trademarks and service marks of Oqton and its affiliates appear on this Site. Except as expressly provided in Section 1.3 above, none of the foregoing may be copied, imitated or used, in whole or in part, without Oqton’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Oqton or its licensors and may not be copied, imitated, or used, in whole or in part, without Oqton’s prior written permission.
6. Dispute Resolution And Arbitration/Class Action Waiver/Jury Trial Waiver.
6.1 Arbitration. Oqton and you agree to arbitrate all disputes and claims that arise from or relate to these Terms, the Site, or the Services in any way, except for claims arising from bodily injury. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms, the Site, or the Services, regardless of the legal theory; claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us; claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services or the process for seeking approval to use the Services); claims that may arise after the termination of your use of the Site or the Services or any agreement between us; and claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Oqton. This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Oqton may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
6.2 Notice of Disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Oqton should be sent to: Oqton Legal Department, 832 Sansome Street, 4thFloor, San Francisco, CA 94111. Oqton will send notice to you at the e‑mail and/or mailing addresses associated with your account. Your notice to Oqton must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
6.3 Arbitration Procedures. The arbitration will be governed by the Consumer Arbitration Rules (“JAMS Rules”) of JAMS (“JAMS”), as modified by these Terms, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.com. If JAMS is unavailable, the parties shall agree to another arbitration provider. Unless you and we agree otherwise or unless prohibited by applicable law, any arbitration hearings will take place in San Francisco County, California. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Oqton and Oqton users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
6.4 Costs of Arbitration. JAMS’s fee schedule is subject to change and may be found online at www.jamsadr.com. If required by applicable law, Oqton will pay all JAMS filing, administrative, and arbitrator fees for any arbitration that Oqton commences. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS fees shall be governed by the JAMS Rules. In such cases, the arbitrator may direct you to reimburse Oqton for amounts that Oqton paid on your behalf.
6.5 NO CLASS ARBITRATION. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OQTON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
6.6 Future Changes To Arbitration Provision. If Oqton makes any changes to the Dispute Resolution and Arbitration section of these Terms (other than a change to the address at which Oqton will receive notices of dispute or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to us to Oqton, Inc., 832 Sansome Street, 4thFloor, San Francisco, CA 94111 (Attn: Legal Department) in which case your account with Oqton will immediately be terminated, you should cease all access to and use of the Site, and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
7. Policy, Notices and Procedures Regarding Claims of Copyright Infringement. Oqton respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 7. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:
832 Sansome Street, 4th Floor
San Francisco, CA 94111
By E-mail: firstname.lastname@example.org
NOTE: The preceding information in this Section 7 is provided exclusively for notifying Oqton that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
9. Limitation of Liability.
10. Modifications to the Site. For the avoidance of doubt, Oqton may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.
11. Governing Law and Jurisdiction. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site or the Services shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some states and countries may not apply California law to some types of disputes. If you reside in one of those states or countries, then where California law is excluded from applying, your state’s or country’s laws will apply. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN OR FOR SAN FRANCISCO COUNTY, CALIFORNIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, UNLESS SUCH CLAIM OR DISPUTE IS REQUIRED TO BE ARBITRATED AS SET FORTH IN AN ABOVE SECTION.