Website Terms of Use - Occam Global

Occam Global (“Occam,” “we,” or “us”) operates the www.occam-global.com website (the “Site”) to provide online access to information regarding products and services available from Occam (the “Services”). By accessing and using the Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. By using the Site, you express your understanding and agreement that you are bound by this “Agreement.” If you are unwilling to be bound by this Agreement, do not use the Site. Occam reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth above.

INTELLECTUAL PROPERTY

The Services, the Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site (the “Content”) are protected by U.S. and international copyright, trademark, and other laws, and belong to Occam or its partners, affiliates, or third parties. You may use the Site, the Services, and the Content solely for your personal, non-commercial use. You may download, print, and store portions of the Content that you select, provided that you:

(1) only use these copies of the Content for your own personal, non-commercial use;

(2) do not copy or post the Content on any network computer or transmit, distribute, publish, or broadcast the Content in any media; and

(3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title, or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Occam reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein. You agree not to modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site or the Service, except as expressly permitted by the Terms of Use. You may not mirror or frame the homepage or any other pages of this Site on any other website or web page. You may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

DISCLAIMERS

Third Party Links. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Occam of the third party, the third party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Occam is not responsible for the availability of any such websites and that Occam does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon.
Downloading Files. Occam cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you.
International Use. Occam makes no representation that the Services or Content are applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.

DISCLAIMER OF WARRANTIES

You agree to assume total responsibility and risk for your use of the Site, the Services, and the Content and for evaluating the accuracy, completeness, and usefulness of all Content provided by the Site or the Services. Occam makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the Services, or the Content. Occam expressly disclaims all warranties of any kind, express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement with regard to the Site, the Services, and the Content.

Occam does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure, or error-free, or that defects in the Site or the Service will be corrected. Occam does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Site, the Services, and the Content are provided on an “as is” and “as available” basis.

LIMITATION OF LIABILITY

Occam will not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the Site, the Services, or the Content. You understand and agree that under no circumstances will Occam be liable for any damages whatsoever, including, but not limited to:

(i) any direct, incidental, consequential, exemplary, or indirect damages arising out of the use of or inability to use the Site, the Services, or the Content,

(ii) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Services and/or the Content,

(iii) unauthorized access to or alteration of transmissions or data,

(iv) statements or conduct of any third party on the Site or the Services, or

(v) any other matter relating to the Site, the Services, or the Content, even if Occam has been advised of the possibility of such damages.

If you are dissatisfied with the Site, the Services, the Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the Site, that such use is at your sole risk. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Occam’s liability is limited and warranties are excluded to the greatest extent permitted by law, but will, in no event, exceed $500.00.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless Occam, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, or any violation by you of this Agreement.

PRIVACY POLICY

Click here to see Occam’s Privacy Policy.

USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

USER SUPPLIED INFORMATION

If you supply any information or material to Occam or others via the Site, you guarantee to Occam that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. You also agree to abide by any additional rules regarding posting of user content, such as the type of content allowed in various areas of the Site.

TERMINATION

Occam reserves the right to terminate your use of the Site at any time for any reason. Occam may discontinue the Site or any portion of the Site at any time for any reason.

GENERAL PROVISIONS

Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Occam therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. Occam does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Enforcement/Choice of Law/Choice of Forum. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms of Use, Occam’s Privacy Policy, your use of the Site, the Services, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Occam of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.