Use and access of this web site, and purchase of products and services offered thereon, is subject to these terms and conditions of use (the “Terms”) as well as our Privacy Notice. By accessing, viewing or otherwise using this web site you are agreeing to the Terms. Please read these Terms carefully:
USE OF WEB SITE TERMS
1. Overview. This web site is owned by and under the control of Octavo Systems LLC (“Octavo”). Access to and use of this web site and all of Octavo’s content, services, materials, information, databases and systems are subject to these Terms, any Agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, Octavo may without advance notice: (a) supplement or make changes to these Terms and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of Octavo’s system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in this web site or any Octavo database, material, service or system. Any updates to these Terms shall be posted on this web site, from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. Octavo reserves the right to terminate access to this web site or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers. Any access or attempt to access or use this web site for any unauthorized or illegal purpose is strictly prohibited.
2. No Warranty; Limitation of Liability. This web site is provided without charge as a convenience to users to be used for the purposes of commerce, information, education and communication. The information contained herein may contain inaccuracies or typographical errors. While Octavo’s information and advice contained in this web site have been prepared and compiled from sources believed to be reliable, Octavo makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations. Octavo does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this web site, nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this web site or any Octavo service, database, materials or system. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Octavo reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this web site or any Octavo service, database, materials or system at any time, with or without notice to you.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEB SITE AND ALL INFORMATION HEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, OCTAVO DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT OR OTHER MATERIAL ON THIS WEB SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY OCTAVO PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY OCTAVO, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. OCTAVO MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
IN NO EVENT WILL OCTAVO OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY OCTAVO INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY OCTAVO THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN THE OCTAVO SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER OR NOT OCTAVO IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. Usage Policy. Without Octavo’s prior written consent, which consent may be given or withheld in Octavo’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any Octavo information, services or database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this web site or Octavo’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this web site or any Octavo information, services, database or system which you access in violation of, or post any information to any Octavo owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Octavo information, service, database or documentation, except as permitted by Octavo; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of Octavo’s databases or system, or the selection, coordination or arrangement of products or services in any Octavo database.
You may not copy or adapt the HTML or other code that Octavo uses to generate its pages on the web site. This code is also protected by Octavo’s copyright.
4. Data Protection; Privacy. In order to ensure your compliance with these Terms and to ensure that Octavo complies with national and international laws, we may, from time to time, randomly check the messages that you send. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Notice on the web site. Except as otherwise required for your purchase of product as made available on this web site, Octavo does not want you to, and you should not, send any confidential or proprietary information to Octavo via the web site or the email addresses referenced on the web site. You agree that any information, including but not limited to remarks, suggestions, materials, ideas, graphics or other submissions, communicated to Octavo through this web site or materials that you provide to Octavo (other than information required for your purchase of Octavo’s products) will not be considered confidential or proprietary. By providing any such information or materials to Octavo (other than information required for your purchase of Octavo’s products), you grant to Octavo an unrestricted, irrevocable, worldwide, fully-paid, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works and distribute such information and materials, and you further agree that Octavo is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Octavo. You further recognize that Octavo does not want you to, and you warrant that you shall not, provide any information or materials to Octavo that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
5. Ownership. Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at this web site, whether registered or unregistered, are the property of Octavo or Octavo’s affiliates. Such marks are not to be copied, reproduced, published or in any way used without the written permission of Octavo or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of this web site including but not limited to text, artwork and photographs, is owned by Octavo. Photographs showing use of Octavo goods for third-party products are for demonstrative purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection or affiliation with the third-party manufacturer. No part of this web site may be published, stored or transmitted in any form or means without the express written permission of Octavo. You may download a single copy of the content displayed on this web site solely for your non-commercial, personal use, provided that Octavo retains all copyright and other proprietary notices contained in the content.
6. Hyperlinks. No person may establish Hyperlinks either to this web site or away from this web site without the prior written consent of an appropriate Octavo manager, which consent may be given or withheld in Octavo’s sole discretion. In its sole discretion, Octavo reserves the right to remove a Hyperlink to this web site or away from this web site at any time and for any reason. Contact Octavo at email@example.com to obtain this consent.
The web site may contain links to third party websites not under the control of Octavo, which may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by Octavo of the contents on such third-party web sites. Octavo is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, Octavo is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in web sites which may be accessible via a Hyperlink to or from this web site or for the Hyperlink itself.
If you decide to access linked third-party sites, you do so at you own risk. Octavo cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the web site, since these sites are owned and operated by independent third-parties. Octavo does not endorse any of the products/services, nor has Octavo taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Octavo does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Octavo with respect to such sites. Octavo strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
All links to the web site must be approved in writing by Octavo, and if approved, will be subject to the following requirements: (a) the link is a text-only link containing only the name “Octavo Systems”; (b) the link “points” only to www.octavosystems.com and not to deeper pages; (c) the link, when activated by a user, displays the web site’s homepage in a full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked web site; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Octavo nor be such as to damage or dilute the goodwill associated with the name and trademarks of Octavo or its affiliates. Octavo reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
7. Security. You are prohibited from violating or attempting to violate the security of the web site and from using the web site to violate the security of other web sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Octavo packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Octavo may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY OCTAVO INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE OCTAVO WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, OCTAVO DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING OCTAVO’S WEB SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.