Acceptance and Modification of the Terms of Sales
USE OF THE SITE
You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Okana or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Okana’ sole discretion. Okana neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
RULES FOR USING THE SITE
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically ed to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
We may discontinue all or part of the Site at any time, in our sole discretion. Okana may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Okana, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Okana or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
RELIANCE ON WEBSITE INFORMATION
The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.
MINORS AND CHILDREN
The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Okana does not endorse any of the products or services identified on such sites.
CHANGES TO THIS WEBSITE
We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
COPYRIGHT AND DISCLAIMERS
COPYRIGHT AND INTELLECTUAL PROPERTY
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Okana or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in “Use of the Site” set forth below, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Okana and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Okana may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted Okana to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Okana, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Okana or others. Your use of any Content, except as provided in these Terms and Conditions, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Okana, whether registered or unregistered, may not be used in connection with any product or service that is not Okana’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Okana' trade names, trademarks or service marks without our express prior written consent. Okana will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Okana. However, even if such third parties are affiliated with Okana, Okana has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Okana. Okana is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
DISCLAIMER OF WARRANTIES
Your use of the site is at your own risk and you assume the risk of and all damages or loss from the use of, or inability to use, the site. Without prejudice to these terms and conditions, any and all material, information and all other content on the site are furnished to you “as is” and without guaranty of any sort, express or implied. To the maximum extent permitted by law, Okana expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
Okana does not guarantee that the site or its content will correspond to your expectations, meet your requirements or will not be interrupted, timely, secure or free of error. your sole and exclusive remedy for any dissatisfaction with the site is to refrain from using the site.
Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
Any advice or information, be it oral or written, obtained from Okana or during the use of services made available on the site, shall not give rise to any guarantees which are not expressly provided for in these terms and conditions.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Okana a written notice by mail, e-mail or fax, requesting that Okana removes such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Okana a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
LIMITATION OF LIABILITY
You recognize and accept that, to the fullest extent permitted by applicable law, in no event shall Okana, its affiliates or subsidiaries or any of their respective employees, officers, directors, owners, licensors, agents or any other third parties mentioned on the site or involved in creating, producing or delivering the site, be held liable for any damages of any kind, including, but not limited to, direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Okana ), capable of arising from your access to, or use of, or inability to use, the site or its content.
All materials which are downloaded or obtained by any other manner during the use of our site are at your own risk and peril. Okana assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from the site or for any illegal intrusion or intervention in the it systems.
Okana reserves the right to interrupt or discontinue any or all of the functionality of its site. Okana accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the site resulting from actions or omissions of Okana or any third party.
You agree to defend, indemnify and hold harmless Okana and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms and Conditions.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting Okana products, services, and company. These Terms and Conditions shall be construed in accordance with the laws of Delaware, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of New York. By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Okana or any of Okana vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Okana or its vendors or licensors.
These Terms and Conditions embody the entire agreement concluded between Okana and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by Okana and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms and Conditions; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms and Conditions.
The fact that Okana tolerates a violation by yourself of one of the obligations set out in the Terms and Conditions, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of the Terms and Conditions is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms and Conditions maintaining full force and effect between yourself and Okana.
The headings of the provisions of the Terms and Conditions are for convenience alone and shall not alter or modify the terms and conditions in any manner.
The Terms and Conditions shall remain effective until terminated as outlined herein. You agree that Okana in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
RULES FOR SWEEPSTAKES, CONTESTS, CHALLENGES, ACTIVITIES, SURVEYS, AND SIMILAR PROMOTIONS