Effective Date: April 24, 2012
Last Updated Date: May 18, 2012
I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and the operators of Okyanos.com including Okyanos and its affiliates and subsidiaries (“Okyanos.com,” “we,” “us”). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site.
Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this web page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.
II. The Site
The “Site” is defined as any website, including Okyanos.com, or Internet service under Okyanos.com’s control, whether partial or otherwise, in connection with providing the services provided by Okyanos.com. Okyanos.com is a website for you to learn more about Okyanos services and contact us about them.
The Site does not provide medical advice or services. It is for informational purposes only.
The “Okyanos Content” is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided through the Site is solely at your own risk. Always promptly seek the advice of your physician or other qualified health provider regarding a medical condition.
If you have a medical emergency, call local emergency responders immediately. Okyanos.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.
Okyanos.com may communicate with you by email or posting notice on the Site. You may request that we provide notice of security breaches in writing.
When you use the Site to send an inquiry to us, you agree to allow Okyanos.com and our affiliates to add your email address and postal address to our database of users. You may receive one or more promotional or customer service emails or mailings from the Site and our affiliates. You may opt not to receive such promotional emails from us at any time by clicking on the unsubscribe link in each email or by contact us at firstname.lastname@example.org.
Electronic Notices. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
IV. Okyanos’s Content Ownership and Use
Okyanos.com owns all of the content we create, but you may use it while you use the Site. You cannot use our logo without our written permission.
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Okyanos.com content (collectively, “Okyanos Content”). All Okyanos Content and the compilation (meaning the collection, arrangement, and assembly) of all Okyanos Content are the property of Okyanos or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to use the Site solely to access the Okyanos Content for your personal, non-commercial use and to enable you to contact us to learn more about the Okyanos Content. Any other use, including displaying or linking to the Okyanos Content, is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Okyanos Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Okyanos Content on any copy you make of the Okyanos Content.
Okyanos Marks. Okyanos, Okyanos, the Okyanos logo, and other Okyanos logos and product and service names are or may be trademarks of Okyanos (the “Okyanos Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Okyanos Marks.
V. User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.
A. Prohibited Site Uses
Do not do bad things with the Site, try to break it, or steal our work.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- Link to the Site without our permission;
- Aggregate, copy, or duplicate any Okyanos Content;
- Use data mining, robots, or other data gathering devices on the Site;
- Remove, disable, damage, circumvent, or otherwise interfere with the security of the Site;
- Interfere or attempt to interfere with the proper working of the Site;
- Gain unauthorized access to the Site or computers linked to the Site;
- Attempt to reverse engineer, or reverse engineer the Site;
- Frame or link to the Site without permission;
- Attempt to or submit a virus to the Site;
- Take any action imposing an unreasonable or disproportionately large load on Okyanos’s infrastructure;
- Attempt to or obtain unauthorized access to other users’ data;
- Sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- Use the Site in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to Okyanos or others;
- Use the Site in an illegal way or to commit an illegal act;
- Access the Site from a jurisdiction where it is illegal, unauthorized, or penalized; or
- Use or access the Site in any other way that we in our sole judgment find objectionable or contrary to our business interests.
VI. Consequences of Violating These Terms
If you do not act acceptably, we may refuse to provide the Site to you.
We reserve the right to suspend or prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
VII. Okyanos’s Liability
We are not liable for any injuries arising out of the use of the Okyanos Service. We may also change the Okyanos Service at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the Okyanos Service or other websites.
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include Okyanos.com and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Site at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OKYANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Okyanos Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
VIII. General Terms
These Terms constitute the entire agreement between you and Okyanos.com concerning your use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
IX. Arbitration, Class Waiver, and Waiver of Jury Trial
Okyanos.com is located in the Commonwealth of The Bahamas, so all disputes must be resolved in the Commonwealth. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.
These Terms and the relationship between you and Okyanos.com shall be governed by the laws of the Commonwealth of The Bahamas without regard to its conflict of law provisions. You and Okyanos.com agree to submit to the personal and exclusive binding arbitration of any disputes relating to your use of the Site under the rules of the Commonwealth of The Bahamas in accordance with the Arbitration Act, 2009 and any amendments to the act. Any such arbitration, to the extent necessary, shall be conducted in the Commonwealth of The Bahamas. You covenant not to sue Okyanos.com in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.