Effective Date: June 9, 2019
THE AGREEMENT: The use and access to website, software and services (hereinafter collectively referred to as " Services ") provided by Olak, Inc. (hereinafter referred to as "Company") are governed by the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here.
The parties referred to in this Agreement shall be defined as follows:
2) ASSENT & ACCEPTANCE
By using the Services, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Services immediately. The Company only agrees to provide use of the Services to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 16 (sixteen) years of age to use the Services. By using the Services, You represent and warrant that You are at least 16 years of age. The Company assumes no responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE SERVICES
The Company may provide You with certain information as a result of Your use of the Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Services("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
6) USER OBLIGATIONS
As a user of the Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to use the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Services in any way that could damage the Services, or general business of the Company. You further agree not to use the Services:
8) PRIVACY INFORMATION
Through Your Use of the Services, You may provide Us with certain information. By using the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
The Company may sell goods or services. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
If You are unhappy with a service being sold, You may request a refund.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
11) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
13) SPAM POLICY
You are strictly prohibited from using the Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Services.
15) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Services and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of the Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the Services.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Services may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
18) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that Your use of the Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Services will meet Your needs or that the Services will be uninterrupted or error-free. The Company also makes no warranties as to the reliability or accuracy of any information on the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21) GENERAL PROVISIONS: