OS33 Website Terms of Use

1. Acceptance of Terms
The following agreement outlines your obligations when using the OS33 website available at OS33.com, (the “Site”). The Site is owned and operated by OS33 Services Corp. (“OS33”) and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. OS33’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY OS33, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. OS33 RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE, WHICH YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING AND YOUR CONTINUED USE OF THIS SITE CONSTITUTES AGREEMENT TO ALL SUCH CHANGES.

2. Links to Third-Party Resources

Third-party resources that can be accessed with hypertext links from this Site are not under the control of OS33 and OS33 is not responsible for the contents of any of these third-party resources. Such third-party websites are not owned or operated by OS33, and OS33 does not assume any responsibility or liability for these third-party websites or for any communications or materials available through such third-party websites. The third-party hypertext links presented on the Site are provided for your convenience only. The inclusion of any link on the Site does not imply any recommendation, approval or endorsement of that site by OS33.

3. Content Ownership and Usage Rights

The OS33 logo is a registered trademark of OS33. OS33 shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. Unless otherwise expressly noted, nothing that you read or see on the Site or other Site content, or any of the source code or HTML code that OS33 uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of OS33, except as provided in the Terms of Use without prior written consent or otherwise permitted by relevant law.

4. Communications to OS33

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to the Site will be considered non-confidential and non-proprietary. By posting such communications to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to OS33 a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense) to use, copy, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OS33 through the Site. You may not pretend that you are any other individual or entity, or misrepresent your authority to represent any entity.

If you provide any feedback, recommendations for improvements or features of the Site or any OS33 products or services, implementation of that feedback or recommendation is owned by OS33 and may become part of our Site, products and services without compensation to you.

5. Disclaimer of Liability

OS33 makes no warranties or representations about the accuracy or completeness of the Site or the Sites’ materials. OS33 does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than OS33. OS33 is not responsible for technical problems that may hinder the efficacy of a transaction on the Site.

THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OS33 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OS33 DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OS33 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

6. Limitation of Liability

IN NO EVENT WILL OS33 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF OS33 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. Indemnification

You will indemnify and hold harmless OS33, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to or use of the Site or any content on the Site, (ii) violation of the Terms of Use by you, or (iii) the infringement by you of any intellectual property or other right of any person or entity.

8. Security

Users are prohibited from violating or attempting to violate the security of the Site. OS33 will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

9. Severability of Provisions / Governing Law

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or be impaired thereby. You agree that any dispute between you and OS33 arising from your use of this Site shall be brought exclusively in the state or federal courts of competent jurisdiction in New York.

10. General Terms

The Terms of Use constitutes the entire agreement between users of the Site and OS33, and regarding the subject matter hereof. If you breach any term of the Terms of Use, OS33 may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. OS33’s remedies are cumulative and not exclusive. Failure of OS33 to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms of Use at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws.

 

 

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