Effective Date: May 10, 2024
By participating in the OccamPoint Webinar (the “Site”), you are agreeing to comply with and be bound by the following Terms of Use Agreement (the “Agreement”). Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. The term “OccamPoint” or “us” refers to Occam Point LLC, a California limited liability company. The term “you” refers to the participant, user or viewer of the Site.
1. Acceptance of Agreement
You agree to the terms and conditions set forth in this Agreement with respect to the Site. This Agreement, our Privacy Policy along with any other terms or agreements agreed to on the Site, including those of Zoom Events which hosts our Webinar, constitute the entire and only agreement between us and you with regard to your use of the Site and any Site Content and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. This Agreement relates solely to your use of the Site and, to the extent you have entered into an engagement agreement with OccamPoint for the provision of services, this Agreement will not affect such engagement agreement.
2. Arbitration; Jury Trial Waiver
Any legal controversy or legal claim arising out of or relating to this Agreement, the Site or the Site Content (defined below), excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Mateo County, California, and in accordance with the “Governing Law” Section below. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. UNLESS WE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
3. Copyright
The content, articles, documents, information, materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site (collectively, “Site Content”) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any Site Content or any part of the Site, except as allowed by the “Limited License; Permitted Uses; Bystanders” Section below, is strictly prohibited. You do not acquire ownership rights to any Site Content viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the Site Content may be the copyrighted work of third parties.
4. Limited License; Permitted Uses; Bystanders
You are granted a nonexclusive, nontransferable, revocable license (a) to access and use the Site and Site Content solely in accordance with this Agreement; (b) to use the Site and Site Content solely for internal, personal, noncommercial purposes and (c) to print out discrete information from the Site and Site Content solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or Site Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. Before participating in live webinars, you are responsible for telling anyone within range of your device’s camera or microphone that they may be seen and heard by user and others at their location. If you permit any others to be within range of your device’s camera or microphone during a webinar, you consent on their behalf, to the fullest extent permitted by law, to this Agreement and any applicable Privacy Policy.
5. Restrictions and Prohibitions on Use
Your license for access and use of the Site and Site Content are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the “Limited License; Permitted Uses; Bystanders” Section above), republish, display, distribute, transmit, sell, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Site Content retrieved therefrom; (b) use any Site Content in any manner that may infringe any copyright, intellectual property right, proprietary right or property right of us or any third parties; (c) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site or Site Content; (d) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (e) use any automatic or manual process to harvest information from the Site; (f) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names or other means of deceptive addressing and (3) unsolicited telephone calls or facsimile transmissions; (g) use the Site in a manner that violates any local, state or federal law, including but not limited to those regulating e-mail, facsimile transmissions or telephone solicitations; (h) use the Site in any manner that may violate any party’s privacy or otherwise transmitting any content that may be false, obscene, abusive or constitute harassment other users; (i) use the Site in any manner that may prohibit other users’ use of the Site, including but not limited to disrupting a webinar; and (i) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Documents
Site Content may include documents and presentations of other third parties (collectively,
“Documents”). All Documents are provided on a nonexclusive license basis only for your personal onetime use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, completeness, timeliness, accuracy and/or appropriateness.
7. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site.
8. Third-Party Content; Links to Other Web Sites
Third-party content may appear on the Site, be presented during webinars or may be accessible via links from the Site. We are not responsible for and assume no liability for any third-party content. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by us nor do they necessarily reflect our beliefs. The Site and Site Content may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site or in Site Content does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk
9. Legal Compliance; Unlawful Activity
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Site Content. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.
10. Indemnification
To the extent permitted by law, you agree to indemnify, defend and hold us and our members, directors, agents, attorneys, employees, subcontractors, successors, assigns and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement; violation of applicable law or third-party rights (including, without limitation, patent, trademark, copyright, trade secret, other intellectual property or other rights); willful misconduct or use of the Site or Site Content.
11. Disclaimer of Warranties; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT). THE SITE CONTENT AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF SITE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) YOUR USE OF THE SITE OR THE SITE CONTENT OR (IX) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR OUR AFFILIATED PARTIES’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE BACKGROUND OR QUALIFICATIONS OF ANY USER. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE SITE OR SITE CONTENT. IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, TO THE EXTENT PERMITTED BY LAW WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, OUR AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Use of Information/Privacy Policy
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy [insert hyperlink to OccamPoint PP]. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
13. Governing Law
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in San Mateo County, California, for any actions pertaining to this Agreement.
14. Miscellaneous
To the extent permitted by law, any cause of action by you with respect to the Site or Site Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Site Content are in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.